Australian Capital Territory Consolidated Acts

BAIL ACT 1992 - SECT 43

    (1)     This section applies if, in relation to a decision of an authorised officer in relation to bail for an accused person, the Magistrates Court—

        (a)     does not have power to hear an application for review of the decision; or

        (b)     has heard an application for review of the decision.

    (2)     The Supreme Court may, on application under this division, review the decision of the authorised officer, only if the court is satisfied that the applicant has shown—

        (a)     a change in circumstances relevant to the granting of bail since the authorised officer's decision; or

        (b)     the availability of fresh evidence or information relevant to the granting of bail to the accused person that was unavailable when the authorised officer made the decision.

    (3)     The power of the Supreme Court to review a decision under this section may be exercised whether or not any power to review the decision under section 38 (Review by authorised officers) has been exercised or been sought to be exercised.