Northern Territory Bills Northern Territory Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Serial 18
Bail
Amendment Bill 2017
Ms
Fyles
A Bill for an Act to amend the Bail Act, and for related purposes
NORTHERN TERRITORY OF AUSTRALIA
BAIL AMENDMENT ACT 2017
____________________
Act No. [ ] of 2017
____________________
Table of provisions
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2017
____________________
An Act to amend the Bail Act, and for related purposes
[Assented to [ ] 2017]
[Second reading [ ] 2017]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Bail Amendment Act 2017.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part
2 Amendment of Bail
Act
3 Act
amended
This Part amends the Bail Act.
Section 3(1)
insert (in alphabetical order)
approved police monitoring device means a police monitoring device approved under section 52B.
police monitoring device means an electronic device that can:
(a) be worn by, or attached to, an accused person who has entered into a conduct agreement; and
(b) monitor the accused person's location.
(1) After section 27A(1)(i)
insert
(iaa) for bail granted by an authorised member – require the accused person:
(i) to wear or have attached, and to not tamper with, destroy or otherwise interfere with, an approved police monitoring device; and
(ii) to comply with the reasonable directions of a police officer in the use of the device; or
(iab) for bail granted by a court – require the accused person:
(i) to wear or have attached, and to not tamper with, destroy or otherwise interfere with, an approved police monitoring device; and
(ii) to comply with the reasonable directions of a police officer in the use of the device; or
(2) Section 27A(2A), example, after "(ha),"
insert
(iaa), (iab),
(1) Before section 27B(1)
insert
(1AA) Subsection (1AB) applies if an accused person has entered into a conduct agreement containing a provision mentioned in section 27A(1)(iaa) or (iab).
(1AB) A police officer may:
(a) place on, attach to or remove from the accused person an approved police monitoring device; and
(b) give reasonable directions to the accused person regarding the use of the device.
(2) Section 27B(1)
omit
This section
insert
Subsection (2)
(3) Section 27B, note
omit
section 27B
insert
subsection (2)
(4) Section 27B, note
omit
this section
insert
subsection (2)
(1) Section 28(3)
omit, insert
(3) In addition, an authorised member may impose a condition that the accused person enter into a conduct agreement containing a provision mentioned in section 27A(1)(iaa) only if:
(a) under the conduct agreement, the accused person will be required to reside at a specified place; and
(b) the authorised member is satisfied that the accused person is a suitable person for the provision.
(3A) Also, a court may impose a condition that the accused person enter into a conduct agreement containing a provision mentioned in:
(a) section 27A(1)(iab) – only if:
(i) immediately before the accused person appeared before the court, a conduct agreement containing a provision mentioned in section 27A(1)(iaa) was in force for the accused person; and
(ii) the court orders that an assessment report in relation to the accused person be prepared; or
(b) section 27A(1)(ia) or (ib) – only if satisfied, after considering an assessment report in relation to the accused person, that the accused person is a suitable person for the provision.
(2) After section 28(4)
insert
(5) In this section:
assessment report means a report prepared by the Commissioner of Correctional Services assessing the suitability of an accused person to enter into a conduct agreement containing a provision mentioned in section 27A(1)(ia) or (ib).
(1) Section 38A
omit
device:
insert
device or approved police monitoring device:
(2) Section 38A(a)
omit
monitoring
After section 52A
insert
52B Approval of police monitoring device
The Commissioner of Police may approve a police monitoring device for use to monitor the compliance of accused persons with conduct agreements.
10 Part 9, Division 4 inserted
After section 61
insert
Division 4 Bail Amendment Act
2017
62 Definitions
In this Division:
amending Act means the Bail Amendment Act 2017.
commencement means the commencement of the amending Act.
63 Application of section 27A
(1) Section 27A, as amended by the amending Act, applies in relation to a conduct agreement entered into after the commencement by an accused person as a condition of the person's bail, even if the alleged offence to which the bail relates was committed before the commencement.
(2) Section 27A, as in force immediately before the commencement, continues to apply in relation to a conduct agreement entered into before the commencement.
Part 3 Consequential amendments
Division 1
Sentencing
Act
11 Act
amended
This Division amends the Sentencing Act.
Section 5(2)(k)
omit
all words after "Act that"
insert
contained a provision mentioned in section 27A(1)(iaa), (iab) or (ia) of that Act; and
Division
2 Surveillance Devices
Regulations
13 Regulations
amended
This Division amends the Surveillance Devices Regulations.
(1) After regulation 3(1)(d)
insert
(da) in accordance with the directions of the Commissioner of Police to monitor the location of an accused person who has entered into a relevant conduct agreement;
(2) Regulation 3(2)
insert (in alphabetical order)
relevant conduct agreement means a conduct agreement under the Bail Act containing a provision mentioned in section 27A(1)(iaa) or (iab) of that Act.
Part 4 Expiry
of
Act
15 Expiry
of Act
This Act expires on the day after it commences.
[Index] [Search] [Download] [Related Items] [Help]