Crimes Amendment (Bail and Sentencing) Act 2006 (Cth)

Crimes Amendment (Bail and Sentencing) Act 2006

No. 171, 2006

An Act to amend the Crimes Act 1914, and for related purposes

Contents 1 Short title 2 Commencement 3 Schedule(s)

Schedule 1—Amendments Crimes Act 1914

Crimes Amendment (Bail and Sentencing) Act 2006

No. 171, 2006

An Act to amend the Crimes Act 1914, and for related purposes

[Assented to 12 December 2006]

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Crimes Amendment (Bail and Sentencing) Act 2006.

2 Commencement

This Act commences on the day after it receives the Royal Assent.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Crimes Act 1914

1 Subsection 3(1) Insert:

bail authority means a court or person authorised to grant bail under a law of the Commonwealth, a State or a Territory.

2 Subsection 15AA(5) (definition of bail authority) Repeal the definition.

3 After section 15AA Insert:

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.