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BAIL ACT 2013 - SCHEDULE 3

SCHEDULE 3 – Savings, transitional and other provisions

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

2 Definitions

In this Part--

"existing security agreement" means an agreement of a kind referred to in section 36 (2) (c)-(h) of the 1978 Act entered into before the repeal of that Act.

"the 1978 Act" means the Bail Act 1978 as in force immediately before its repeal by this Act.

3 Saving of actions taken under 1978 Act

(1) Any act, matter or thing that, immediately before the repeal of the 1978 Act, had effect under that Act continues to have effect under this Act.
(2) In particular, any bail granted under the 1978 Act that had effect immediately before the repeal of that Act is taken, on that repeal--
(a) to have been granted under this Act, and
(b) to continue in force until it would have ceased to have effect under the 1978 Act, unless sooner revoked under this Act.
(3) A power under this Act to continue bail extends to bail referred to in subclause (2).
(4) A power under this Act to revoke or vary a bail decision extends to a decision to grant or refuse bail, or to dispense with the requirement for bail, made under the 1978 Act.
(5) Any variation made to a bail condition under the 1978 Act has effect on the repeal of the 1978 Act as if it had been made under this Act.

4 Bail undertakings given under 1978 Act

(1) A bail undertaking given by a person under section 34 of the 1978 Act and in force on the repeal of that Act is taken, on that repeal--
(a) to be a bail acknowledgment for the decision to grant bail, and
(b) to have been given to the person under this Act.
(2) Accordingly, the obligations imposed on an accused person under such a bail undertaking are taken, on the repeal of the 1978 Act, to be obligations imposed on the accused person under a bail acknowledgment.

5 Obligations under bail agreements continued

(1) A bail agreement entered into under the 1978 Act and in force immediately before the repeal of that Act continues to have effect.
(2) Anything an accused person is required to do or to refrain from doing under the bail agreement is taken, on that repeal, to be a bail condition.
(3) A court or authorised justice may vary the requirements of the bail agreement in the same way as a bail condition (including by releasing the accused person from any of the requirements of the bail agreement).
(4) To avoid doubt, subclauses (2) and (3) do not apply to the bail undertaking given to a court under section 34 of the 1978 Act.
(5) In this clause,
"bail agreement" means an agreement entered into by an accused person in compliance with a condition of bail granted under the 1978 Act, other than a security agreement.

6 Obligations under existing security agreements continued

(1) An existing security agreement in force immediately before the repeal of the 1978 Act is taken, on that repeal, to be a bail security agreement.
(2) However, the 1978 Act continues to apply in respect of any forfeiture order made under Part 7A of that Act before its repeal.
(3) Except as provided by subclause (2), this Act extends to bail money agreed to be forfeited under an existing security agreement or bail security deposited, before the repeal of the 1978 Act, as security for the payment of bail money under an existing security agreement.
(4) In Schedule 2, a reference to a fail to appear offence includes a reference to an offence under section 51 of the 1978 Act.
(5) A reference in any existing security agreement to a bail undertaking is taken, for the purposes of this Act, to include a reference to a bail acknowledgment.

7 History of compliance with bail under 1978 Act

In sections 17, 18 and 21--

(a) a reference to a bail acknowledgment includes a reference to any bail undertaking given under section 34 of the 1978 Act, and
(b) a reference to a bail condition includes a reference to a bail condition imposed under the 1978 Act.

8 Pending bail applications

(1) An application to a court or authorised justice in relation to bail made by an accused person under the 1978 Act (other than an application referred to in subclause (2)) that is pending on the repeal of that Act is taken, on that repeal, to be a release application.
(2) An application for a review of a decision to grant bail made to a court or authorised justice under Division 2 of Part 6 of the 1978 Act that is pending on the repeal of that Act is taken, on that repeal, to be--
(a) a detention application (if the application is an application for revocation of bail made by the prosecutor in the proceedings), or
(b) a variation application (in any other case).

9 Multiple release applications to same court not permitted

(1) An application for the grant of bail for an offence that was refused by a court under the 1978 Act is taken, for the purposes of section 74, to have been refused by the court on a release application under this Act.
(2) The enactment of this Act is not a change in circumstances for the purposes of section 74 (3) (c) or (4) (b).

10 Facilitation of proof of things done under 1978 Act

(1) Section 60 of the 1978 Act continues to apply to a document or certificate relating to anything that occurred before the repeal of the 1978 Act.
(2) This clause does not prevent things that occurred before the repeal of the 1978 Act being certified as provided for by section 93 or 94 of this Act.

11 Abolition of common law by 1978 Act not affected

The repeal of the 1978 Act does not revive any power or duty that would exist, apart from statute, to grant bail.

Part 3 - Provisions consequent on enactment of Bail Amendment Act 2014

12 Application of amendments

An amendment made to this Act by the Bail Amendment Act 2014 extends to offences committed or alleged to have been committed, or charged, before the commencement of the amendment.

13 Amendments do not constitute change in circumstances

An amendment made to this Act by the Bail Amendment Act 2014 is not a change in circumstances for the purposes of section 74 (3) (c) or (4) (b).



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