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This is a Bill, not an Act. For current law, see the Acts databases.


BAIL AMENDMENT BILL 2012

2012

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Meredith Hunter)

Bail Amendment Bill 2012



Contents

Page



2012

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Ms Meredith Hunter)

Bail Amendment Bill 2012

A Bill for

An Act to amend the Bail Act 1992









The Legislative Assembly for the Australian Capital Territory enacts as follows:

1 Name of Act

This Act is the Bail Amendment Act 2012.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3 Legislation amended

This Act amends the Bail Act 1992.

4 Arrest without warrant of person on bail

New section 56A (2A) and (2B)

insert

(2A) However, a police officer may arrest a child under subsection (2) only if the police officer believes on reasonable grounds that the arrest is—

(a) in the best interests of the child; and

(b) in accordance with the principles in the Children and Young People Act 2008, section 94 (Youth justice principles).

Note The Human Rights Act 2004, s 40B also deals with how police officers must consider human rights in making decisions.

(2B) If a police officer does not arrest a child under subsection (2) because of a belief under subsection (2A), the police officer may refer the child to any relevant service the police officer considers appropriate.

Example—relevant service

after-hours bail support service

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

5 Section 56A (3)

omit

the person

substitute

a person arrested under this section

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 9 May 2012.

2 Notification

Notified under the Legislation Act on 2012.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.











© Australian Capital Territory 2012

 


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