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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
TERRORISM (RESTRICTIONS ON BAIL AND
PAROLE) BILL 2018
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - BAIL ACT 1994 AMENDED
3. Principal Act
4. Part 1A inserted
PART 1A - Grant of Bail to Terrorism-Linked Persons
4A. Interpretation of Part 1A
4B. Limitations on grant of bail to terrorism-linked
person
4C. Arrest of terrorism-linked person admitted to bail
4D. Access to proceedings, &c., in relation to terrorism-
linked persons
PART 3 - CORRECTIONS ACT 1997 AMENDED
5. Principal Act
6. Section 72 amended (Release on parole)
7. Part 8, Division 2A inserted
Division 2A - Parole for terrorism-linked prisoners or
prisoners promoting terrorist acts
83AA. Interpretation of Division 2A
83AB. Release on parole where prisoner is terrorism-linked
prisoner or has promoted terrorist act
[Bill 20]-XI
83AC. Revocation of parole where prisoner is terrorism-
linked prisoner or has promoted terrorist act
83AD. Arrest where prisoner on parole is terrorism-linked
prisoner or has promoted terrorist act
83AE. Information and access to proceedings, &c.
8. Section 92A inserted
92A. Savings and transitional provisions in relation to
amendments made by Terrorism (Restrictions on
Bail and Parole) Act 2018
PART 4 - CONCLUDING PROVISION
9. Repeal of Act
2
TERRORISM (RESTRICTIONS ON BAIL AND
PAROLE) BILL 2018
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
21 August 2018
(Brought in by the Minister for Justice, the Honourable Elise
Nicole Archer)
A BILL FOR
An Act to amend the Bail Act 1994, and the Corrections Act
1997, in relation to the granting of bail or parole to certain
persons linked to terrorist activities, and for related
purposes
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Terrorism
(Restrictions on Bail and Parole) Act 2018.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 20] 3
Terrorism (Restrictions on Bail and Parole) Act 2018
Act No. of 2017
s. 3 Part 2 - Bail Act 1994 Amended
PART 2 - BAIL ACT 1994 AMENDED
3. Principal Act
In this Part, the Bail Act 1994* is referred to as
the Principal Act.
4. Part 1A inserted
After section 4 of the Principal Act, the
following Part is inserted:
PART 1A - GRANT OF BAIL TO TERRORISM-
LINKED PERSONS
4A. Interpretation of Part 1A
In this Part -
control order has the same meaning as
in section 100.1 of the Criminal
Code 1995 of the
Commonwealth;
terrorism-linked person means a
person who -
(a) has been convicted of a
terrorism offence; or
(b) is subject to a control
order;
_______________________________________________________________
*No. 9 of 1994
4
Terrorism (Restrictions on Bail and Parole) Act 2018
Act No. of 2017
Part 2 - Bail Act 1994 Amended s. 4
terrorism offence means -
(a) an offence referred to in
paragraph (a), (b) or (c) of
the definition of terrorism
offence in section 3 of the
Crimes Act 1914 of the
Commonwealth; and
(b) an offence against the
former Crimes (Foreign
Incursions and
Recruitment) Act 1978 of
the Commonwealth; and
(c) an offence, in relation to
terrorism, that -
(i) is an offence
under an Act of
the
Commonwealth,
this State, another
State or a
Territory; and
(ii) is prescribed.
4B. Limitations on grant of bail to terrorism-
linked person
(1) A person, other than a judge or
magistrate, must not admit a person to
bail if the person is satisfied that the
other person is a terrorism-linked person.
5
Terrorism (Restrictions on Bail and Parole) Act 2018
Act No. of 2017
s. 4 Part 2 - Bail Act 1994 Amended
(2) A judge or a magistrate must not admit a
person to bail if the judge or magistrate is
satisfied that the person is a terrorism-
linked person.
(3) Subsection (2) does not apply in relation
to a person if the judge or magistrate is
satisfied that there are exceptional
circumstances.
4C. Arrest of terrorism-linked person admitted
to bail
(1) A police officer may arrest a person who
is admitted to bail by a person other than
a judge or magistrate, if the police officer
suspects on reasonable grounds that the
person admitted to bail is a terrorism-
linked person.
(2) A police officer may arrest a person who
is admitted to bail by a judge or
magistrate, if -
(a) the person was not admitted to
bail because a judge or magistrate
found, under section 4B(3), that
there were exceptional
circumstances in relation to the
person; and
(b) the police officer suspects on
reasonable grounds that the
person is a terrorism-linked
person.
6
Terrorism (Restrictions on Bail and Parole) Act 2018
Act No. of 2017
Part 2 - Bail Act 1994 Amended s. 4
(3) A police officer may arrest a person who
is admitted to bail by a judge or
magistrate, if -
(a) the person was not, before he or
she was admitted to bail, a
terrorism-linked person; and
(b) the person, after his or her release
on bail by the judge or
magistrate, has become a
terrorism-linked person.
(4) On the arrest of a person under this
section, the bail of the person is
suspended.
(5) Subsection (4) ceases to apply to a
person if the person arrested is later
released unconditionally.
(6) Section 11 applies to a person arrested
under this section as if the person had
been arrested under section 10.
(7) Despite subsection (6), section 11(1)
does not apply in relation to a justice in
respect of a person arrested under this
section unless the justice is a magistrate.
(8) This section applies in relation to a
person who has made an application for
bail, or who is admitted to bail, before,
on or after the day on which this section
commences.
7
Terrorism (Restrictions on Bail and Parole) Act 2018
Act No. of 2017
s. 4 Part 2 - Bail Act 1994 Amended
4D. Access to proceedings, &c., in relation to
terrorism-linked persons
In any proceedings before a judge, a
magistrate or a court, in relation to bail in
respect of a person who is, or is alleged
by a party to the proceedings to be, a
terrorism-linked person, the judge,
magistrate or court may make any one or
more of the following orders:
(a) that all or part of the proceedings
are to be heard in closed court;
(b) that only persons, or members of
a class of persons, specified by
the judge, magistrate or court
may be present during all or part
of the proceedings;
(c) that the publication of a report of
all or part of the proceedings, or
of any information that is
disclosed in, or referred to in, the
proceedings, is prohibited.
8
Terrorism (Restrictions on Bail and Parole) Act 2018
Act No. of 2017
Part 3 - Corrections Act 1997 Amended s. 5
PART 3 - CORRECTIONS ACT 1997 AMENDED
5. Principal Act
In this Part, the Corrections Act 1997* is
referred to as the Principal Act.
6. Section 72 amended (Release on parole)
Section 72 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) The Board must notify the Commissioner
of Police at least 7 days before the Board
considers whether to release a prisoner
on parole.
7. Part 8, Division 2A inserted
After section 83 of the Principal Act, the
following Division is inserted in Part 8:
Division 2A - Parole for terrorism-linked prisoners or
prisoners promoting terrorist acts
83AA. Interpretation of Division 2A
(1) In this Division -
control order has the same meaning as
in section 100.1 of the Criminal
_______________________________________________________________
*No. 51 of 1997
9
Terrorism (Restrictions on Bail and Parole) Act 2018
Act No. of 2017
s. 7 Part 3 - Corrections Act 1997 Amended
Code 1995 of the
Commonwealth;
terrorism-linked prisoner means a
prisoner who -
(a) has been convicted of a
terrorism offence; or
(b) is subject to a control
order;
terrorism offence means -
(a) an offence referred to in
paragraph (a), (b) or (c) of
the definition of terrorism
offence in section 3 of the
Crimes Act 1914 of the
Commonwealth; and
(b) an offence against the
former Crimes (Foreign
Incursions and
Recruitment) Act 1978 of
the Commonwealth; and
(c) an offence, in relation to
terrorism, that -
(i) is an offence
under an Act of
the
Commonwealth,
this State, another
State or a
Territory; and
10
Terrorism (Restrictions on Bail and Parole) Act 2018
Act No. of 2017
Part 3 - Corrections Act 1997 Amended s. 7
(ii) is prescribed;
terrorist act has the same meaning as
in section 100.1 of the Criminal
Code 1995 of the
Commonwealth.
(2) A reference in this Division to a prisoner
promoting a terrorist act is a reference to
the prisoner -
(a) engaging in, or inciting or
assisting another person to
engage in, a terrorist act; or
(b) making statements supporting a
terrorist act; or
(c) carrying out activities supporting
a terrorist act; or
(d) advocating the carrying out of a
terrorist act; or
(e) advocating support for a terrorist
act; or
(f) advocating the making of
statements, or the carrying out of
activities, that support, or that
advocate support for, a terrorist
act.
(3) A reference in this Division to a prisoner
promoting a terrorist act includes a
reference to a prisoner who, in this State,
another State, a Territory, another
11
Terrorism (Restrictions on Bail and Parole) Act 2018
Act No. of 2017
s. 7 Part 3 - Corrections Act 1997 Amended
country, or in any other place, including
the high seas or international airspace,
and whether or not before or after the
commencement of this Division,
promoted a terrorist act.
(4) A reference in this Division to a person
who has been convicted of a terrorism
offence includes a reference to a person
who has been, in this State, another State
or a Territory and whether before or after
the commencement of this Division,
convicted of a terrorism offence.
(5) A reference in this Division to a person
who is subject to a control order includes
a reference to a person who is subject to
a control order, whether the control order
was made before or after the
commencement of this Division.
(6) A reference in this Division to a terrorist
act includes a reference to -
(a) a terrorist act that has occurred;
and
(b) a terrorist act that has not
occurred, that may not occur or
that will not occur; and
(c) a terrorist act that subsequently
occurs; and
(d) a terrorist act, whether the act is
specifically or generally
identified or is of a type of
12
Terrorism (Restrictions on Bail and Parole) Act 2018
Act No. of 2017
Part 3 - Corrections Act 1997 Amended s. 7
terrorist act that is specifically or
generally identified.
83AB. Release on parole where prisoner is
terrorism-linked prisoner or has promoted
terrorist act
(1) The Board must not release a prisoner on
parole if the Board is satisfied that -
(a) the prisoner is a terrorism-linked
prisoner; or
(b) the prisoner has promoted a
terrorist act.
(2) Subsection (1) does not apply in relation
to a prisoner if the Board is satisfied that
there are exceptional circumstances.
83AC. Revocation of parole where prisoner is
terrorism-linked prisoner or has promoted
terrorist act
(1) The Board must exercise its powers
under section 79(1) to revoke the parole
order in respect of a prisoner if the
Board, on the information before it, is
satisfied that, if an application were made
to the Board for parole, the Board would,
in accordance with section 83AB, not
release the prisoner on parole.
(2) Section 79(2) does not apply to a
prisoner in relation to a parole order if
13
Terrorism (Restrictions on Bail and Parole) Act 2018
Act No. of 2017
s. 7 Part 3 - Corrections Act 1997 Amended
subsection (1) applies in relation to the
prisoner.
83AD. Arrest where prisoner on parole is
terrorism-linked prisoner or has promoted
terrorist act
(1) Without limiting the generality of
section 80(1), the Board must exercise its
powers under section 80(1) in relation to
a prisoner who is released on parole if
the prisoner has not been arrested under
subsection (2) and the Board, on the
information before it, is satisfied that, if
an application were made to the Board
for parole, the Board would, in
accordance with section 83AB, not
release the prisoner on parole.
(2) A police officer may arrest a prisoner
who is released on parole if -
(a) the prisoner was not released on
parole because the Board was
satisfied, under section 83AB(2),
that there were exceptional
circumstances and the police
officer is satisfied on reasonable
grounds that -
(i) the prisoner is a terrorism-
linked prisoner; or
(ii) the prisoner has, before or
after his or her release on
14
Terrorism (Restrictions on Bail and Parole) Act 2018
Act No. of 2017
Part 3 - Corrections Act 1997 Amended s. 7
parole, promoted a
terrorist act; or
(b) the prisoner was released on
parole because the Board was
satisfied, under section 83AB(2),
that there were exceptional
circumstances and the police
officer is satisfied on reasonable
grounds that after the prisoner
was released on parole -
(i) there is information, not
before the Board at the
time when the prisoner
was released on parole,
that the person is a
terrorism-linked person or
promoted a terrorist act;
or
(ii) the prisoner is convicted
of a terrorist act; or
(iii) a control order is made in
relation to the prisoner; or
(iv) the prisoner has promoted
a terrorist act.
(3) A police officer may, when arresting a
person under subsection (2), exercise the
same powers as a police officer may
exercise when arresting a person who the
police officer believes on reasonable
grounds has committed an offence.
15
Terrorism (Restrictions on Bail and Parole) Act 2018
Act No. of 2017
s. 7 Part 3 - Corrections Act 1997 Amended
(4) A police officer who arrests a prisoner
under subsection (2) must, as soon as
practicable, return the prisoner to prison.
(5) When a prisoner is returned to prison
after being arrested under subsection (2),
the following provisions apply:
(a) the Board, within 14 days after
the prisoner is so returned to
prison, is to give the prisoner an
opportunity to be heard;
(b) subject to section 83AC(1), the
Board, after complying with
paragraph (a), is to exercise in
relation to the prisoner the
powers conferred on the Board by
section 79(1);
(c) if the Board revokes the
prisoner's release on parole
pursuant to section 79(1), the
provisions of section 79(5) apply
to the prisoner accordingly.
83AE. Information and access to proceedings, &c.
(1) The Board may receive and take into
account any information provided by a
body or agency of this State, another
State, a Territory or the Commonwealth,
that may be relevant to the Board making
a decision -
16
Terrorism (Restrictions on Bail and Parole) Act 2018
Act No. of 2017
Part 3 - Corrections Act 1997 Amended s. 7
(a) as to whether a prisoner is a
terrorism-linked prisoner or has
promoted a terrorist act; or
(b) in relation to parole in respect of
a prisoner who is a terrorism-
linked prisoner or who has
promoted a terrorist act.
(2) Subsection (1) does not limit the
information that the Board may receive
and take into account for the purposes of
making a decision referred to in that
subsection.
(3) In any proceedings before the Board in
relation to the making of a decision
referred to in subsection (1) in respect of
a prisoner, the Board may make any one
or more of the following orders:
(a) that all or part of the proceedings
are to be heard in private;
(b) that only persons, or members of
a class of persons, specified by
the Board may be present during
all or part of the proceedings;
(c) that the publication of a report of
all or part of the proceedings, or
of any information that is
disclosed in, or referred to in, all
or part of the proceedings, is
prohibited.
17
Terrorism (Restrictions on Bail and Parole) Act 2018
Act No. of 2017
s. 7 Part 3 - Corrections Act 1997 Amended
(4) In any proceedings before a court in
relation to a decision, by the Board,
referred to in subsection (1), in respect of
a prisoner, the court may make any one
or more of the following orders:
(a) that all or part of the proceedings
are to be heard in closed court;
(b) that only persons, or members of
a class of persons, specified by
the court may be present during
all or part of the proceedings;
(c) that the publication of a report of
all or part of any of the following
is prohibited:
(i) the proceedings;
(ii) any information that is
disclosed in, or referred to
in, all or part of the
proceedings;
(iii) any reasons given by the
Board for a decision to
which the proceedings
relate;
(iv) any earlier proceedings in
relation to the making of a
decision referred to in
subsection (1) in respect
of a prisoner.
18
Terrorism (Restrictions on Bail and Parole) Act 2018
Act No. of 2017
Part 3 - Corrections Act 1997 Amended s. 8
8. Section 92A inserted
After section 92 of the Principal Act, the
following section is inserted in Part 9:
92A. Savings and transitional provisions in
relation to amendments made by Terrorism
(Restrictions on Bail and Parole) Act 2018
The amendments to this Act made by a
provision of the Terrorism (Restrictions
on Bail and Parole) Act 2018 apply in
relation to -
(a) a prisoner, whether or not the
prisoner is released from prison
on parole before or after the
commencement of the provision;
or
(b) an application for the release
from prison on parole of a
prisoner, whether or not the
application was made before or
after the commencement of the
provision.
19
Terrorism (Restrictions on Bail and Parole) Act 2018
Act No. of 2017
s. 9 Part 4 - Concluding Provision
PART 4 - CONCLUDING PROVISION
9. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
20 Government Printer, Tasmania