BAIL AMENDMENT BILL 2004

Northern Territory Bills

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

BAIL AMENDMENT BILL 2004

Bail Amendment Bill 2004
Mr Elferink

A BILL
for
AN ACT

to amend the Bail Act

NORTHERN TERRITORY OF AUSTRALIA
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No. of 2004
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AN ACT

to amend the Bail Act

[Assented to 2004]
[Second reading 2004]

The Legislative Assembly of the Northern Territory enacts as follows:

1. Short title
This Act may be cited as the Bail Amendment Act 2004.

2. Commencement
This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

3. Presumption against bail for certain offences
Section 7A of the Bail Act is amended –

(a) by inserting after subsection (1)(d) the following:

"(e) a repeat offence."; and

(b) by inserting after subsection (3) the following:

"(4) For subsection (1)(e), a repeat offence is an offence that is the same as, or in the opinion of the authorised member or court similar to, at least 3 indictable offences in respect of which the accused person has been convicted during the 3 years immediately preceding the date on which the application for bail is being determined.

"(5) For subsection (4), if the accused person was convicted of more than one indictable offence in the same proceeding, the accused person is taken to have been convicted of only one indictable offence in that proceeding.

"(6) In this section –

'indictable offence' includes an offence committed outside the Territory that could be prosecuted on indictment if committed in the Territory.".

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