Document ID: chunk:federal_register_of_legislation:C2006A00171:clause:1_15ab
Version: federal_register_of_legislation:C2006A00171
Segment Type: clause
Provision Reference: sch 1 cl 15AB
Character Range: 1168–3207

15AB  Matters to be considered in certain bail applications

 (1) In determining whether to grant bail to a person charged with, or convicted of, an offence against a law of the Commonwealth, or in determining conditions to which bail granted to such a person should be subject, a bail authority:
 (a) must take into consideration the potential impact of granting bail on:
 (i) any person against whom the offence is, or was, alleged to have been committed; and
 (ii) any witness, or potential witness, in proceedings relating to the alleged offence, or offence; and
 (b) must not take into consideration any form of customary law or cultural practice as a reason for:
 (i) excusing, justifying, authorising, requiring or lessening the seriousness of the alleged criminal behaviour to which the alleged offence relates, or the criminal behaviour to which the offence relates; or
 (ii) aggravating the seriousness of the alleged criminal behaviour to which the alleged offence relates, or the criminal behaviour to which the offence relates.

 (2) If a person referred to in subparagraph (1)(a)(i) or (ii) is living in, or otherwise located in, a remote community, the bail authority must also take into consideration that fact in considering the potential impact of granting bail on that person.

 (3) In paragraph (1)(b):

criminal behaviour includes:
 (a) any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and
 (b) any fault element relating to such a physical element.

 (4) To avoid doubt, except as provided by subsections (1) and (2), this section does not affect:
 (a) any other matters that a bail authority must, must not or may take into consideration in determining whether to grant bail or in determining conditions to which bail should be subject; or
 (b) the operation of a law of a State or a Territory.

Note: Subsections (1) and (2) indirectly affect laws of the States and Territories because they affect section 68 of the Judiciary Act 1903.