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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Bail (Miscellaneous) Amendment
Bill 2017
A BILL FOR
An Act to amend the
Bail
Act 1985
.
Contents
Part 2—Amendment
of Bail Act 1985 to commence on assent
5Amendment of section
3—Interpretation
Part 3—Amendment
of Bail Act 1985 to commence on day to be proclaimed
7Amendment of section 10A—Presumption
against bail in certain cases
8Amendment of section 15—Telephone
review
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Bail (Miscellaneous) Amendment
Act 2017.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
(1)
Part 2
of this Act will come into operation on the day on which it is assented to
by the Governor.
(2)
Part 3
of this Act will come into operation on a day to be fixed by
proclamation.
This Act will come into operation on a day to be fixed by
proclamation.
Part 2—Amendment
of Bail Act 1985 to commence on
assent
5—Amendment
of section 3—Interpretation
Section 3(1), definition of working day—before "a
Sunday" insert:
a Saturday, or
It is the intention of the Parliament that—
(a) the
Bail
Act 1985
is to be taken to have always excluded a Saturday, a Sunday and any other
public holiday from the definition of a working day; and
(b) no liability lies against the Crown or any officer or employee of the
Crown, or any magistrate or other holder of judicial office, in respect of a
failure to bring a person taken into custody before the commencement of this
section before an appropriate authority on a Saturday.
Part 3—Amendment
of Bail Act 1985 to commence on day to
be proclaimed
7—Amendment
of section 10A—Presumption against bail in certain
cases
Section 10A(2), definition of prescribed
applicant—after paragraph (c) insert:
(ca) an applicant charged with an aggravated offence involving physical
violence or a threat of physical violence if an aggravating circumstance of the
offence is that, at the time of the alleged offence, the applicant is alleged to
have contravened an intervention order of a court and the offence lay within the
range of conduct that the intervention order was designed to prevent;
8—Amendment
of section 15—Telephone review
Section 15—delete subsection (2) and substitute:
(2) Subsection (1) does not apply to the following persons who have been
arrested who are dissatisfied with the decision made on the person's application
for release on bail:
(a) an arrested person (other than a child) who is dissatisfied with a
decision made on application to a police officer on arrest who can be brought
before the Magistrates Court constituted of a magistrate by not later than 4 pm
on the next day following the day of arrest;
(b) an arrested person (other than a child) who is a prescribed applicant
within the meaning of section 10A who is dissatisfied with the decision
made on application to a police officer on arrest.