New South Wales Consolidated Acts

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BAIL ACT 2013 - SECT 22A

Limitation on power to release in relation to terrorism related offences

22A Limitation on power to release in relation to terrorism related offences

(1) Despite anything to the contrary in this Act, a bail authority must, unless it is established that exceptional circumstances exist, refuse bail for:
(a) an offence under section 310J of the Crimes Act 1900 , or
(b) any other offence for which a custodial sentence may be imposed, if the bail authority is satisfied that the accused person:
(i) before being charged with that offence, has been charged with a Commonwealth terrorism offence or an offence under section 310J of the Crimes Act 1900 and the proceedings relating to the offence have not concluded, or
(ii) has previously been convicted of a Commonwealth terrorism offence or an offence under section 310J of the Crimes Act 1900 , or
(iii) is the subject of a control order made under Part 5.3 of the Commonwealth Criminal Code.
(2) If the offence is a show cause offence, the requirement that the accused person establish that exceptional circumstances exist that justify a decision to grant bail or dispense with bail applies instead of the requirement that the accused person show cause why his or her detention is not justified.
(3) Subject to subsection (1), Division 2 (Unacceptable risk test--all offences) applies to a bail decision made by a bail authority under this section.
(4) In this section,
"Commonwealth terrorism offence" has the same meaning as
"terrorism offence" has in the Crimes Act 1914 of the Commonwealth.



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