Document ID: chunk:federal_register_of_legislation:C2025C00132:section:15aa:p2
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 15AA (pt 2/3)
Character Range: 505718–508420

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 paragraphs (2)(a), (b) or (c) to an offence do not include references to ancillary offences.

Entering reasons in court records if court grants bail
 (3AAA) If the bail authority is a court and it grants bail, the court must:
 (a) state its reasons; and
 (b) cause those reasons to be entered in the court's records.

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.
 (3B) An appeal under subsection (3A):
 (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 (3A), 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.

Staying decisions to grant bail if decision appealed
 (3C) If:
 (a) a bail authority decides to grant bail to a person covered by subsection (2) or (2A); 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 under subsection (3A);
the decision to grant bail is stayed with effect from the time of the notification.
 (3D) A stay under subsection (3C) ends:
 (a) when a decision on the appeal is made; or
 (b) when the Director of Public Prosecutions notifies:
 (i) the bail