Document ID: chunk:federal_register_of_legislation:C2025C00132:section:15aa:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 15AA (pt 1/3)
Character Range: 503306–505971

15AA  Bail not to be granted in certain cases
 (1) Despite any other law of the Commonwealth, a bail authority must not grant bail to a person covered by subsection (2) or (2A), in relation to an offence against a law of the Commonwealth, unless the bail authority is satisfied that exceptional circumstances exist to justify bail.
Note: For persons under 18 years of age, see subsection (3AA).

Persons covered by this section
 (2) This subsection covers a person (the defendant) charged with, or convicted of, any of the following offences:
 (a) a terrorism offence;
 (b) an offence against a law of the Commonwealth, if:
 (i) a physical element of the offence is that the defendant engaged in conduct that caused the death of a person; and
 (ii) the fault element for that physical element is that the defendant intentionally engaged in that conduct (whether or not the defendant intended to cause the death, or knew or was reckless as to whether the conduct would result in the death);
 (c) an offence against a provision of Division 80 (other than Subdivision CA) (treason, urging violence and advocating terrorism or genocide) or Division 91 (espionage) of the Criminal Code if:
 (i) the death of a person is alleged to have been caused by conduct that is a physical element of the offence; or
 (ii) conduct that is a physical element of the offence carried a substantial risk of causing the death of a person;
 (d) an ancillary offence against a provision of Division 80 (other than Subdivision CA) (treason, urging violence and advocating terrorism or genocide) or Division 91 (espionage) of the Criminal Code if, had the defendant engaged in conduct that is a physical element of the primary offence to which the ancillary offence relates, there would have been a substantial risk that the conduct would have caused the death of a person;
 (e) an offence against subsection 92.2(1) or 92.3(1) (intentional or reckless offence of foreign interference), if:
 (i) the death of a person is alleged to have been caused by conduct that is a physical element of the offence; or
 (ii) conduct that is a physical element of the offence carried a substantial risk of causing the death of a person.
 (2A) This subsection covers the following persons:
 (a) a person who is subject to a control order within the meaning of Part 5.3 of the Criminal Code (terrorism);
 (b) a person who the bail authority is satisfied has made statements or carried out activities supporting, or advocating support for, terrorist acts within the meaning of that Part.
 (3) To avoid doubt, the express reference in paragraph (2)(d) to an ancillary offence does not imply that references in