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BAIL ACT 2013 - SECT 16B

Offences to which the show cause requirement applies

16B Offences to which the show cause requirement applies

(1) For the purposes of this Act, each of the following offences is a
"show cause offence" :
(a) an offence that is punishable by imprisonment for life,
(b) a serious indictable offence that involves:
(i) sexual intercourse with a person under the age of 16 years by a person who is of or above the age of 18 years, or
(ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person under the age of 16 years by a person who is of or above the age of 18 years,
(c) a serious personal violence offence, or an offence involving wounding or the infliction of grievous bodily harm, if the accused person has previously been convicted of a serious personal violence offence,
(d) any of the following offences:
(i) a serious indictable offence under Part 3 or 3A of the Crimes Act 1900 or under the Firearms Act 1996 that involves the use of a firearm,
(ii) an indictable offence that involves the unlawful possession of a pistol or prohibited firearm in a public place,
(iii) a serious indictable offence under the Firearms Act 1996 that involves acquiring, supplying, manufacturing or giving possession of a pistol or prohibited firearm or a firearm part that relates solely to a prohibited firearm,
(e) any of the following offences:
(i) a serious indictable offence under Part 3 or 3A of the Crimes Act 1900 or under the Weapons Prohibition Act 1998 that involves the use of a military-style weapon,
(ii) an indictable offence that involves the unlawful possession of a military-style weapon,
(iii) a serious indictable offence under the Weapons Prohibition Act 1998 that involves buying, selling or manufacturing a military-style weapon or selling, on 3 or more separate occasions, any prohibited weapon,
(f) an offence under the Drug Misuse and Trafficking Act 1985 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a prohibited drug or prohibited plant within the meaning of that Act,
(g) an offence under Part 9.1 of the Commonwealth Criminal Code that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug within the meaning of that Code,
(h) a serious indictable offence that is committed by an accused person:
(i) while on bail (whether granted under this Act or a law of another jurisdiction), or
(ii) while on parole (whether granted under a law of this State or another jurisdiction),
(i) an indictable offence, or an offence of failing to comply with a supervision order, committed by an accused person while subject to a supervision order,
(j) a serious indictable offence of attempting to commit an offence mentioned elsewhere in this section,
(k) a serious indictable offence (however described) of assisting, aiding, abetting, counselling, procuring, soliciting, being an accessory to, encouraging, inciting or conspiring to commit an offence mentioned elsewhere in this section,
(l) a serious indictable offence that is committed by an accused person while the person is the subject of a warrant authorising the arrest of the person issued under:
(i) this Act, or
(ii) Part 7 of the Crimes (Administration of Sentences) Act 1999 , or
(iii) the Criminal Procedure Act 1986 , or
(iv) the Crimes (Sentencing Procedure) Act 1999 .
(2) In this section, a reference to the facts or circumstances of an offence includes a reference to the alleged facts or circumstances of an offence.
(3) In this section:

"firearm" ,
"firearm part" ,
"prohibited firearm" and
"pistol" , and
"use" ,
"acquire" ,
"supply" or
"possession" of a firearm or firearm part, have the same meanings as in the Firearms Act 1996 .

"prohibited weapon" and
"military-style weapon" , and
"use" ,
"buy" ,
"sell" ,
"manufacture" or
"possession" of a prohibited weapon, have the same meanings as in the Weapons Prohibition Act 1998 .

"serious indictable offence" has the same meaning as in the Crimes Act 1900 .

"serious personal violence offence" means:
(a) an offence under Part 3 of the Crimes Act 1900 that is punishable by imprisonment for a term of 14 years or more, or
(b) an offence under a law of the Commonwealth, another State or Territory or any other jurisdiction that is similar to an offence under that Part.



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