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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 135
Bail
Amendment Bill (No. 2) 2015
Mr
Elferink
A Bill for an Act to amend the Bail Act
NORTHERN TERRITORY OF AUSTRALIA
BAIL AMENDMENT ACT (NO. 2) 2015
____________________
Act No. [ ] of 2015
____________________
Table of provisions
38A Certain
costs recoverable by Territory
Division
3 Bail Amendment Act
(No. 2) 2015
59 Definitions
60 Application of section 27A
61 Application
of section 38
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2015
____________________
An Act to amend the Bail Act
[Assented to [ ] 2015]
[Second reading [ ] 2015]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Bail Amendment Act (No. 2) 2015.
This Act commences on the day fixed by the Administrator by Gazette notice.
This Act amends the Bail Act.
Section 3(1), definition approved monitoring device
omit
164
insert
165
(1) Section 27A(1)(h), after "alcohol or"
insert
using
(2) Section 27A(1)(ia)
omit
other than the Youth Justice Court
(3) Section 27A(1)(ia)(i)
omit, insert
(i) to wear or have attached, and to not tamper with, destroy or otherwise interfere with, an approved monitoring device while on bail or the lesser period ordered by the court; and
(4) Section 27A(1)(ib)
omit
other than a Youth Justice Court
(1) Section 27B(1)(b)
omit, insert
(b) the agreement is subject to a provision as mentioned in section 27A(1)(ia) or (ib).
(2) Section 27B(2)
omit
conditions are
insert
provision is
(1) Section 28(3)
omit
containing the conditions
insert
containing a provision as
(2) Section 28(3)
omit
for the conditions
insert
for the provision
Section 38(2A)
omit, insert
(2A) However, the court must revoke bail if:
(a) both of the following circumstances apply:
(i) the person was charged with a serious violence offence or an offence against which section 7A applies and released on bail despite a presumption against bail;
(ii) the court finds that the person has breached a bail undertaking or a condition of bail; or
(b) the person, for whom a conduct agreement is in force and the agreement contains a provision as mentioned in section 27A(1)(ia), breaches a condition of bail by contravening that provision of the conduct agreement.
After section 38
insert
38A Certain costs recoverable by Territory
If an accused person destroys or damages an approved monitoring device:
(a) the accused person is liable to pay the costs of restoring or replacing the monitoring device; and
(b) the costs may be recovered from the accused person as a debt payable to the Territory.
10 Part 9, Division 3 inserted
After section 58
insert
Division 3 Bail Amendment Act (No. 2) 2015
In this Division:
amending Act means the Bail Amendment Act (No. 2) 2015.
commencement means the commencement of the amending Act.
(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.
(1) Section 38, as amended by the amending Act, applies only in relation to a breach of a condition by an accused person of the person's bail that occurs after the commencement.
(2) Section 38, as in force immediately before the commencement, continues to apply in relation to a breach of a condition by an accused person of the person's bail that occurs before the commencement.
This Act expires on the day after it commences.
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