Document ID: chunk:federal_register_of_legislation:C2019A00119:clause:1_8
Version: federal_register_of_legislation:C2019A00119
Segment Type: clause
Provision Reference: sch 1 cl 8
Character Range: 3232–4291

8  Subsection 15AA(3A)
Repeal the subsection, substitute:

Determining exceptional circumstances in relation to persons under 18 years of age
 (3AA) In determining whether exceptional circumstances exist to justify granting bail to a person who is under 18 years of age, without limiting the matters the bail authority may have regard to, the bail authority must have regard to:
 (a) the protection of the community as the paramount consideration; and
 (b) the best interests of the person as a primary consideration.

Appealing decisions of bail authority
 (3A) Despite any law of the Commonwealth, the Director of Public Prosecutions, or a person covered by subsection (2) or (2A), may appeal against a decision of a bail authority:
 (a) to grant bail to a person covered by subsection (2) or (2A) on the basis that the bail authority is satisfied that exceptional circumstances exist; or
 (b) to refuse to grant bail to a person covered by subsection (2) or (2A) on the basis that the bail authority is not satisfied that exceptional circumstances exist.