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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 105
Bail
Amendment Bill 2014
Mr
Elferink
A Bill for an Act to amend the Bail Act
NORTHERN TERRITORY OF AUSTRALIA
BAIL AMENDMENT ACT 2014
____________________
Act No. [ ] of 2014
____________________
Table of provisions
5A Application
of Criminal
Code
44 Misleading
information in acknowledgements
45 Indemnification
of acceptable person
Division
2 Bail Amendment Act
2014
55 Definitions
56 Application of amendments to sections 7A, 8 and 24
57 Application of amendment to section 38
58 Offence
provisions – before and after commencement
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2014
____________________
An Act to amend the Bail Act
[Assented to [ ] 2014]
[Second reading [ ] 2014]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Bail Amendment Act 2014.
This Act commences on the day fixed by the Administrator by Gazette notice.
This Act amends the Bail Act.
(1) Section 3(1), definition authorised member
omit
Part III
insert
Part 3
(2) Section 3(1), definition original offence
omit
Part VII
insert
Part 7
After section 5, in Part 1
insert
5A Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this Act.
Note for section 5A
Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
Section 6(ca)
omit
(1) Section 7A(1)(b)
omit
(2) Section 7A(1)(c)
omit
more than 7 years
insert
7 years or more
(3) Section 7A(1)(dc) and (e)
omit, insert
(dc) an offence against section 54, 103A, 242 or 243(1) of the Criminal Code;
(dd) an offence against section 181 of the Criminal Code, or section 120 of the Domestic and Family Violence Act, if the person accused of the offence has, at any time before the date of that offence, been found guilty of any of the following offences (the previous offence):
(i) the offence of murder;
(ii) an offence against section 181, 188A, 189A or 192 of the Criminal Code;
(iii) an offence against a law of a State or other Territory or another country that is similar to an offence mentioned in subparagraph (i) or (ii);
(de) a serious offence (offence A) if the person accused of offence A is an adult charged with committing offence A while on bail for a serious offence (the previous offence);
(df) a serious offence (offence B) if the person accused of offence B has, within the period of 10 years immediately preceding the date of the alleged commission of offence B, been found guilty of a serious violence offence (the previous offence);
(dg) an offence where the accused person is the subject of an order made under section 40 of the Sentencing Act (the sentencing order) which may be breached if the person is convicted of the offence, unless:
(i) the offence is a contravention of, or failure to comply with, an instrument of a legislative or administrative character; or
(ii) the authorised member or court is of the opinion that the offence is so minor that a court is unlikely to regard it as a breach of the suspended sentence;
(dh) an offence against section 120 of the Domestic and Family Violence Act (offence C), if the person accused of offence C has, within the period of 2 years immediately preceding the date of the alleged commission of offence C, been found guilty of a DVO contravention offence (the previous offence);
(4) Section 7A(2)
omit, insert
(2) Bail must not be granted to a person accused of an offence to which this section applies unless the person satisfies an authorised member or court that bail should be granted.
Note for subsection (2)
Section 24 requires the authorised member or court determining whether bail should be granted to take into consideration the matters in that section only.
(5) After section 7A(3)
insert
(4) In this section:
DVO contravention offence, see section 4 of the Domestic and Family Violence Act.
previous offence includes an offence committed before the commencement of section 6 of the Bail Amendment Act 2014.
sentencing order includes an order made before the commencement of section 6 of the Bail Amendment Act 2014.
(1) Section 8(1) and (1A)
omit, insert
(1) This section applies to an offence except an offence to which section 7A applies.
(2) Section 8(4)(a)
omit
he
insert
the person
(3) Section 8(5)
omit
Section 11
omit
Part VI
insert
Part 6
Section 18
omit
Part V
insert
Part 5
(1) After section 24(1)(b)(iii)
insert
(iiia) any needs of the person relating to:
(A) any cognitive impairment, as defined in section 6A(2) of the Mental Health and Related Services Act of the person; or
(B) any mental impairment, as defined in section 43A of the Criminal Code of the person; and
(iiib) whether or not the person is a youth within the meaning of the Youth Justice Act; and
(iiic) any needs relating to the person's cultural background, including any ties to extended family or place, or any other cultural obligation; and
(2) Section 24(1), at the end
insert
Note for section 24(1)(b)(iiic)
When considering bail, an authorised member or court must have regard to section 15AB(1)(b) of the Crimes Act 1914 (Cth).
(3) After subsection 24(3)
insert
(3A) In assessing the risks to others under subsection (3), the authorised member or court must consider the following:
(a) the previous, current or proposed living arrangements for an alleged victim and for the accused person (assuming the accused person's release on bail);
(b) whether those arrangements include or would include their living in unreasonably close proximity to each other.
Section 37B(4)
omit
Section 38(2A)(a), after "offence"
insert
or an offence to which section 7A applies
Section 42(3)
omit
Part VI
insert
Part 6
15 Sections 44 and 45 replaced
Sections 44 and 45
repeal, insert
44 Misleading
information in
acknowledgements
(1) A person commits an offence if the person:
(a) makes an acknowledgement under section 27(2)(b); and
(b) knows that the acknowledgement contains misleading information.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) Strict liability applies to subsection (1)(a).
(3) In this section:
misleading information means information that is misleading in a material particular or because of the omission of a material particular.
45 Indemnification of acceptable person
(1) This section applies if:
(a) a person (person A) and another person (person B) enter into an agreement; and
(b) the agreement is that person A will indemnify person B against any forfeiture that person B may incur as a result of entering into an agreement under section 27 as an acceptable person.
(2) If subsection (1) applies, person A and person B each commit an offence.
Maximum penalty: 300 penalty units or imprisonment for 3 years.
(3) This section also applies if:
(a) a person (person C) engages in conduct; and
(b) the conduct results in the indemnification of another person (person D) against any forfeiture that person D incurs as a result of entering into an agreement under section 27 as an acceptable person.
(4) If subsection (3) applies, person C and person D each commit an offence.
Maximum penalty: 300 penalty units or imprisonment for 3 years.
(5) Strict liability applies:
(a) to subsection (1)(b) in relation to person B; or
(b) to subsection (3)(b) in relation to person D.
(6) In this section:
indemnify includes compensate in a way that is not monetary.
Part 9, heading
omit, insert
Part 9 Transitional matters
Division 1 Bail Amendment (Repeat Offenders) Act 2005
17 Part 9, Division 2 inserted
After section 54
insert
Division 2 Bail Amendment Act 2014
In this Division:
Amending Act means the Bail Amendment Act 2014.
commencement means the commencement of the Amending Act.
56 Application of amendments to sections 7A, 8 and 24
(1) Sections 7A, 8 and 24, as amended by the Amending Act, apply in relation to the granting of bail to an accused person for an offence only if the charge for the offence was filed after the commencement.
(2) Sections 7A, 8 and 24, as in force before the commencement, continue to apply in relation to the granting of bail to an accused person for an offence if the charge for the offence was filed on or before the commencement.
57 Application of amendment to section 38
(1) Section 38, as amended by the Amending Act, applies in relation to the revocation of bail that was granted to a person for an offence only if the charge for the offence was filed after the commencement.
(2) Section 38, as in force before the commencement, continues to apply in relation to the revocation of bail that was granted to a person for an offence if the charge for the offence was filed on or before the commencement.
58 Offence provisions – before and after commencement
(1) This section applies subject to sections 56 and 57.
(2) The offence provisions, as amended by the Amending Act, apply only in relation to offences alleged to have been committed after the commencement.
(3) The offence provisions, as in force before the commencement, continue to apply in relation to offences alleged to have been committed on or before the commencement.
(4) For this section, if any of the conduct constituting an offence occurred on or before the commencement, the offence is taken to have been committed on or before the commencement.
(5) In this section:
offence provisions means the provisions of this Act that create or relate to offences (including in relation to criminal responsibility, defences and penalties).
This Act expires on the day after it commences.
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