Document ID: chunk:federal_register_of_legislation:C2009A00106:clause:1_58db
Version: federal_register_of_legislation:C2009A00106
Segment Type: clause
Provision Reference: sch 1 cl 58DB
Character Range: 130267–131532

58DB  Granting bail
 (1) The Court may, by order, grant bail to the accused for one or more of the offences.
 (2) In deciding whether to grant bail, the Court must consider the following:
 (a) whether the accused will appear in court if bail is granted;
 (b) the interests of the accused;
 (c) the protection of any other person;
 (d) the protection and welfare of the community, including whether there is a risk that the accused will commit offences if bail were granted;
 (e) whether there is a risk that the accused will approach witnesses or attempt to destroy evidence.
 (2A) An accused applying for bail during indictable primary proceedings is entitled to be granted bail during the proceedings in relation to an offence against either of the following sections of the Trade Practices Act 1974:
 (a) section 44ZZRF (making a contract etc. containing a cartel provision);
 (b) section 44ZZRG (giving effect to a cartel provision);
unless the Court decides otherwise after considering the matters mentioned in subsection (2).
 (3) In deciding whether to grant bail during criminal appeal proceedings, the Court must also be satisfied that there are exceptional circumstances that justify granting bail.
 (4) This section has effect subject to any other Act.