Document ID: chunk:federal_register_of_legislation:C2025C00132:section:15aaa:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 15AAA (pt 2/2)
Character Range: 511500–513313

despite subsection (1) on the basis that the bail authority is satisfied that circumstances exist to grant bail; or
 (b) to refuse to grant bail to the person on the basis that the bail authority is not satisfied that circumstances exist to grant bail.
 (5) An appeal under subsection (4):
 (a) may be made to a court that would ordinarily have jurisdiction to hear and determine appeals (however described) from directions, orders or judgments of the bail authority referred to in subsection (4), whether the jurisdiction is in respect of appeals relating to bail or appeals relating to other matters; and
 (b) is to be made in accordance with the rules or procedures (if any) applicable under a law of the Commonwealth, a State or a Territory in relation to the exercise of such jurisdiction.
 (6) If:
 (a) a bail authority decides to grant bail to the person; and
 (b) immediately after the decision is made, the Director of Public Prosecutions notifies the bail authority that he or she intends to appeal against the decision mentioned in subsection (4);
the decision to grant bail is stayed with effect from the time of the notification.
 (7) A stay under subsection (6) ends:
 (a) when a decision on the appeal is made; or
 (b) when the Director of Public Prosecutions notifies:
 (i) the bail authority; or
 (ii) if an appeal has already been instituted in a court—the court;
  that he or she does not intend to proceed with the appeal; or
 (c) 72 hours after the stay comes into effect;
whichever occurs first.
 (8) To avoid doubt, except as provided by subsections (1), (4), (5), (6) and (7), this section does not affect the operation of a law of a State or a Territory.
Note: These provisions indirectly affect laws of the States and Territories because they affect section 68 of the Judiciary Act 1903.