New South Wales Consolidated Acts

BAIL ACT 2013 - SECT 29

29 Limitation on power to impose pre-release requirements

(1) The following requirements (and no other requirements) can be imposed by a bail authority as pre-release requirements--

(a) a conduct requirement that requires the accused person to surrender his or her passport,

(b) a security requirement,

(c) a requirement that one or more character acknowledgments be provided,

(d) an accommodation requirement,

(e) an accompaniment requirement,

(f) a requirement that the accused person be subject to electronic monitoring.

Note--: A bail condition that the accused person be subject to electronic monitoring may also be made under section 28B(2). If a bail condition is imposed under that section, it is not necessary for a bail authority to also impose the condition as a pre-release requirement under this paragraph.

(2) A requirement of a bail condition is a
"pre-release requirement" if the bail condition specifies that the condition must be complied with before the accused person is released on bail.

(3) A pre-release requirement (other than an accommodation requirement) is complied with when the requirements specified in the bail condition that imposes the pre-release requirement, and any requirements specified in the regulations, are complied with.

(4) An accommodation requirement is complied with when the court is informed by an appropriate Government representative, in writing or in person, that suitable accommodation has been secured for the accused person.

(4A) An accompaniment requirement is complied with when the specified person, or a person of the specified class of persons, is present at the place from which the accused person is to be released on bail for the purpose of accompanying the accused person away from the place.

(5) If all pre-release requirements are complied with, the accused person is entitled to be released (subject to the other provisions of this Act) without any rehearing of the matter.

(5A) The regulations may provide for matters relating to the supervision, monitoring and enforcement of electronic monitoring imposed on accused persons as a pre-release requirement under this section.

(6) In this section, an
"appropriate Government representative" means--

(a) the Director-General of the Department of Family and Community Services or a delegate of the Director-General (if the accused person is a child), or

(b) the Director-General of the Department of Attorney General and Justice or a delegate of the Director-General, or

(c) the Commissioner of Corrective Services or a delegate of the Commissioner, or

(d) any other person prescribed by the regulations.