Victorian Current Acts Victorian Current Acts(1) This section applies if—
(a) a court is considering whether to grant bail to a person who is accused of an offence (other than a person arrested on an enforcement warrant issued under the Fines Reform Act 2014 ); and
(b) the step 1—exceptional circumstances test does not apply to that decision by operation of section 4AA(2)(a), (c) or (d); and
(c) the prosecutor—
(i) states that the prosecutor has terrorism risk information in respect of the accused; and
(ii) alleges that this information shows that there is a risk that the accused will commit a terrorism or foreign incursion offence.
Notes
1 If a prosecutor makes such an allegation before a bail decision maker other than a court, that bail decision maker cannot grant bail. See sections 10(5AA) and 10A(5AA).
2 See section 4AA(1) and (2) for when the step 1—exceptional circumstances test applies.
(2) Before determining whether to grant bail, the court must determine whether there is a risk that the accused will commit a terrorism or foreign incursion offence.
Note
If the court determines that there is such a risk, a different step 1 test applies to the decision of whether to grant bail. See section 4AA(2)(b) and (4)(b).
(3) For the purposes of subsection (2), but subject to subsection (4), the court must have regard to any terrorism risk information provided to the court.
(4) The court must not have regard to terrorism risk information regarding the accused having, or having had, an association referred to in section 3AAA(1)(n)(i) ,(ii) or (iii) unless the court is satisfied that the accused knew—
(a) that the person or group had expressed support for—
(i) the doing of a terrorist act; or
(ii) a terrorist organisation; or
(iii) the provision of resources to a terrorist organisation; or
(b) that the person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or
(c) that the group was a terrorist organisation.
(5) Nothing in this section prevents the court from considering, under section 4E, whether there is an unacceptable risk an accused would, if released on bail, commit a terrorism or foreign incursion offence.
S. 8A inserted by No. 3/2018 s. 12.