Bail Amendment Act 2011

1: Title
This Act is the Bail Amendment Act 2011.
2: Commencement
1: Sections 4 5 7 to 14
2: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council.
3: Any provision that has not earlier been brought into force comes into force on the day that is 2 years after the date on which this Act receives the Royal assent. Section 2(1) brought into force 5 March 2012 Bail Amendment Act 2011 Commencement Order 2011 Section 2(2) brought into force 1 July 2013 Bail Amendment Act 2011 Commencement Order 2013
3: Principal Act amended
This Act amends the Bail Act 2000 OIC SR 2013/157 2013-07-01 Bail Act 2000 Sections 6, 15 & 16 come into force on 1 July 2013 by SR 2013/157/2. Sections 7 to 9 are expired when section 15 comes into force. Be sure to insert appropriate history notes for sections 7 to 9 into this order to reflect this, and republish, OIC SR 2011/411 2012-03-05 Bail Act 2000 Sections 4, 5 and 7 to 14, come into force on a date appointed by the Governor-General by Order in Council.
4: Exercise of discretion when considering bail pending sentencing
Section 13
4A: Despite being satisfied that it would otherwise be in the interests of justice to grant bail, the court may remand the defendant in custody for the purpose described in subsection (4B) if it is satisfied that—
a: the defendant has breached a condition of bail imposed under section 31(2A)
b: there is no other reasonable means to achieve the purpose described in subsection (4B).
4B: The purpose referred to in subsection (4A) is to ensure that the defendant takes the steps necessary for the proceedings to be progressed within a reasonable time frame.
5: Section 19 substituted
Section 19
19: Publication of matters relating to hearing
1: No person may publish a report or account of any matters dealt with at a bail hearing, apart from the following matters:
a: the identity of the defendant applying for bail:
b: the charges faced by the defendant:
c: the decision of the court on the application:
d: the conditions of bail, if bail is granted.
2: Despite subsection (1), a court may make an order—
a: that permits publication of other details; or
b: that prohibits publication of all or any of the details set out in subsection (1)(a) to (d).
3: The general prohibition on publication of details of a bail hearing under subsection (1), and any specific prohibition that is ordered under subsection (2)(b), applies until—
a: the conclusion of the defendant's trial; or
b: any earlier time ordered by the court.
4: For the purposes of subsection (3), the conclusion of the defendant's trial
a: the expiry of the appeal period for an appeal of the decision or verdict at the defendant's trial; or
b: if the decision or verdict is appealed, the date on which that appeal is finally determined or withdrawn.
5: Every person commits an offence who knowingly or recklessly publishes details of a bail hearing in breach of subsection (1), or in breach of any specific prohibition that is ordered under subsection (2), and is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 6 months:
b: in the case of a body corporate, to a fine not exceeding $100,000.
6: Every person commits an offence who publishes details of a bail hearing in breach of subsection (1), or in breach of any specific prohibition that is ordered under subsection (2), and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $25,000:
b: in the case of a body corporate, to a fine not exceeding $50,000.
7: Subsection (6) does not apply to a person who hosts material on websites or other electronic retrieval systems that can be accessed by a user unless the specific details have been placed or entered on the site or system by that person.
8: In a prosecution for an offence against subsection (6), it is not necessary for the prosecution to prove that the defendant intended to commit an offence.
6: Defendant admitted to bail by Police employee
1: Section 21
1: Any Police employee may, if he or she considers it prudent to do so, take the bail bond of a person who—
a: is charged with an offence; and
b: has been arrested without warrant.
1A: Subsection (1) is subject to sections 9, 10, 12, and 16.
2: Section 21(3)
c: is subject to the condition that, at a time and place to be specified in the bond, the person bailed attend personally before a court.
3: Section 21
4: The time specified in the bond for the purpose of subsection (3)(c) must not be later than 14 days from the date of the bond.
4AA: Subsection (4AB) applies only if—
a: the time specified for the purpose of subsection (3)(c) is not later than 7 days from the date of the bond; or
b: the court at which the defendant is to be required by the bond to attend will be closed for more than 7 consecutive days after the date that the defendant is arrested.
4AB: The Police employee who takes the bail bond of the person may, in addition to the conditions that may be imposed under subsection (3), impose any condition that might be imposed by a judicial officer or Registrar under section 30(2) or (4)
7: Conditions of bail
Section 7 expired 1 July 2013 section 14
8: Issue of warrant to arrest defendant absconding or breaching bail condition or who fails to answer bail
Section 8 expired 1 July 2013 section 14
9: Issue of warrant to arrest defendant absconding or breaching bail condition
Section 9 expired 1 July 2013 section 14
10: Transitional provision regarding offence provision under new section 19 of principal Act
1: This section applies if an Order in Council is made under section 2(1) section 5 section 2(2) section 2(3)
2: Until the date appointed under section 2(2) section 2(3) section 19
11: Transitional provision regarding section 5
1: This section applies to any bail hearing if the proceedings for the offence with which the defendant is charged were commenced before the date on which section 5
2: Section 19 section 5
3: Section 397(3) section 397(3)
12: Transitional provision regarding sections 4 and 7
1: This section applies to any decision regarding the granting of bail if the proceedings for the offence with which the defendant is charged were commenced before the date on which sections 4 7
2: Sections 13 31 sections 4 7
3: Section 397(3) section 397(3)
13: Transitional provision regarding sections 8 and 9
Sections 36(4) 60(4) sections 8 9 sections 8 and 9
14: Expiry of sections 7 to 9
Sections 7 to 9 section 15
15: Further amendments to principal Act
The principal Act is amended as set out in the Schedule
16: Application of amendments made by section 15
The amendments made by section 15 section 15 sections 397 399 to 401