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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Bail Authorities)
Bill 2020
A BILL FOR
An Act to amend the
Bail
Act 1985
, the
District
Court Act 1991
, the
Magistrates
Court Act 1991
and the
Supreme
Court Act 1935
.
Contents
Part 2—Amendment of Bail
Act 1985
4Amendment of section
5—Bail authorities
5Amendment of section 6—Nature of bail
agreement
6Amendment of section 8—Form of
application
7Amendment of section 18—Arrest of eligible
person on non-compliance with bail agreement
8Amendment of section 19A—Arrest of person
who is serious and organised crime suspect
9Amendment of section 19B—Arrest of person
who is or becomes a terror suspect
Part 3—Amendment of District Court
Act 1991
10Amendment of section 51—Rules of
Court
Part 4—Amendment of Magistrates Court
Act 1991
11Amendment of section 49—Rules of
Court
Part 5—Amendment of Supreme Court
Act 1935
12Amendment of section 72—Rules of
court
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Bail Authorities)
Act 2020.
This Act comes into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Bail Act 1985
4—Amendment
of section 5—Bail authorities
Section 5(1)(b) to (d)—delete paragraphs (b) to (d) (inclusive) and
substitute:
(b) the District Court;
(c) the Magistrates Court;
5—Amendment
of section 6—Nature of bail agreement
Section 6(4) and (5)—delete subsections (4) and (5) and
substitute:
(4) Despite the
provisions of any other Act, a bail authority may for any sufficient
reason—
(a) on the application
of a person on bail or the Crown, or on its own initiative—
(i) vary the conditions of a bail agreement; or
(ii) revoke a bail
agreement and, if it is necessary to do so, issue a warrant for the arrest of
the person who was released under the agreement; or
(b) on the
application of the Crown, or on its own initiative—issue a warrant for the
arrest of a person who was released under a bail agreement.
(5) On the arrest
of a person to whom
subsection (4)(b)
applies, the bail agreement of that person is taken to be
revoked.
(6)
Subsection (5)
ceases to apply to the person arrested if that person is later released
unconditionally.
(7) A warrant for the arrest of a person under
subsection (4)(a)(ii)
or
(4)(b)
cannot be issued by a police officer.
6—Amendment
of section 8—Form of application
Section 8(1)—after paragraph (c) insert:
and
(d) must, if the bail authority is a court, be made to the Supreme Court,
the District Court or the Magistrates Court in accordance with the rules
regulating the making of bail applications under the
Supreme
Court Act 1935
, the
District
Court Act 1991
or the
Magistrates
Court Act 1991
(as the case requires).
7—Amendment
of section 18—Arrest of eligible person on non-compliance with bail
agreement
(1) Section 18(1)—delete subsection (1) and substitute:
(1) If it appears to a court or justice that a person released on bail has
contravened or failed to comply with a term or condition of a bail agreement, it
may, if it appears necessary or desirable to do so, issue a warrant for the
person's arrest.
(2) Section 18—after subsection (3) insert:
(4) On the arrest
of a person to whom this section applies, the bail agreement of that person is
taken to be revoked.
(5)
Subsection (4)
ceases to apply to the person arrested if that person is later released
unconditionally.
8—Amendment
of section 19A—Arrest of person who is serious and organised crime
suspect
(1) Section 19A—delete "the court may—" and
substitute:
the court may, if it appears necessary or desirable to do so, issue a
warrant for the person's arrest.
(2) Section 19A(c) and (d)—delete paragraphs (c) and (d)
(3) Section 19A—after its present contents as amended by this
section (now to be designated as subsection (1)) insert:
(2) On the arrest
of a person to whom this section applies, the bail agreement of that person is
taken to be revoked.
(3)
Subsection (2)
ceases to apply to the person arrested if that person is later released
unconditionally.
9—Amendment
of section 19B—Arrest of person who is or becomes a terror
suspect
(1) Section 19B(1)—delete "the bail agreement is taken to be revoked
and"
(2) Section 19B—after subsection (3) insert:
(4) On the arrest of a
person to whom this section applies, the bail agreement of that person is taken
to be revoked.
(5)
Subsection (4)
ceases to apply to the person arrested if that person is later released
unconditionally.
Part 3—Amendment
of District Court
Act 1991
10—Amendment
of section 51—Rules of Court
Section 51(1)—after paragraph (b) insert:
(ba) regulating the making of bail applications, including limiting the
making of bail applications to the Court in circumstances where the application
may be made to another court; and
Part 4—Amendment
of Magistrates Court
Act 1991
11—Amendment
of section 49—Rules of Court
Section 49(1)—after paragraph (b) insert:
(ba) regulating the making of bail applications, including limiting the
making of bail applications to the Court in circumstances where the application
may be made to another court; and
Part 5—Amendment
of Supreme Court
Act 1935
12—Amendment
of section 72—Rules of court
Section 72(1)—after paragraph (d) insert:
(da) for regulating the making of bail applications, including limiting
the making of bail applications to the court in circumstances where the
application may be made to another court;