New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 68)
In this Part:
"authorised" means duly authorised by a court or person.
"bail" means bail that was authorised or granted before the commencement of
this Schedule, so far as it could not have been so authorised or granted if
this Act had then been in force.
"law" means any law, but does not include the Justices Act 1902 , the
Crimes Act 1900 , the Child Welfare Act 1939 , the Criminal Appeal Act 1912 or
the Supreme Court (Summary Jurisdiction) Act 1967 .
"recognizance of bail" means a recognizance that was authorised or entered
into before the commencement of this Schedule, so far as it could not have
been so authorised or entered into if this Act had then been in force.
This Act does not affect bail authorised or granted, or a recognizance of bail authorised or entered into, under a law before the commencement of this Schedule in relation to an accused person, and for the purposes of or for purposes connected with any such bail or recognizance this Act shall be deemed not to have been enacted.
Nothing in clause 2 prevents the making of a decision under this Act, or the exercise or performance of a power, authority, duty or function thereunder, in respect of an offence or other matter (or any proceedings in connection therewith) to or with which the bail or recognizance of bail referred to in that clause relates or is connected.
The regulations or the rules referred to in section 70 may make other provisions of a savings or transitional nature consequent upon the enactment of this Act in connection with any law, and those provisions may, but need not, operate by reference to any provision of this Act and shall have effect notwithstanding anything in clause 2 or 3.
In this Part, "amending Act" means the Bail (Amendment) Act 1988 .
(1) The amendments made to this Act by the amending Act apply only to offences alleged to have been committed after 21 August 1988 (the date of commencement of the amending Act).
(2) This Act applies to offences alleged to have been committed before the commencement of an amendment effected by the amending Act as if the amendment had not been made.
(3) This clause is taken to have commenced on 21 August 1988.
(4) Subclauses (1) and (2) re-enact (with minor modification) section 4 of the amending Act. Subclauses (1) and (2) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
In this Part, "amending Act" means the Bail (Further Amendment) Act 1988 .
(1) The amendments made to this Act by the amending Act apply to offences whether committed before or after 19 February 1989 (the date of commencement of the amending Act).
(2) This clause is taken to have commenced on 19 February 1989.
(3) Subclause (1) re-enacts (with minor modification) section 4 of the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
Neither section 48A nor section 54A applies in respect of bail granted before the section commences.
In this Part, "amending Act" means the Bail (Amendment) Act 1990 .
(1) The amendments made to this Act by the amending Act apply to a determination as to the grant of bail after 17 March 1991 (the date of commencement of the amending Act) even if the determination relates to an offence alleged to have been committed before 17 March 1991.
(2) This clause is taken to have commenced on 17 March 1991.
(3) Subclause (1) re-enacts (with minor modification) section 4 of the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
In this Part, "amending Act" means the Bail (Amendment) Act 1992 .
(1) The amendment made to section 44 by the amending Act applies to a decision of the Supreme Court (however constituted) in relation to bail made before or after 24 May 1992 (the date of commencement of the amending Act).
(2) This clause is taken to have commenced on 24 May 1992.
(3) Subclause (1) re-enacts (with minor modification) section 4 of the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
In this Part, "amending Act" means the Bail (Domestic Violence) Amendment Act 1993 .
(1) The amendments made to this Act by the amending Act apply to determinations in relation to bail made after 19 December 1993 (the date of commencement of the amending Act) even if the determinations relate to offences committed or proceedings instituted before 19 December 1993.
(2) This clause is taken to have commenced on 19 December 1993.
(3) Subclause (1) re-enacts (with minor modification) section 4 of the amending Act. Subclause (1) is a transferred provision to which section 30A of the Interpretation Act 1987 applies.
(1) Section 22A, as amended by the Criminal Legislation Amendment Act 1995 , extends to bail granted and to applications made to the Supreme Court but not determined by it before the commencement of the amendment made to section 22A by that Act.
(2) Section 48, as amended by the Criminal Legislation Amendment Act 1995 , extends to bail granted and to requests made to the Supreme Court but not determined by it before the commencement of the amendment made to section 48 by that Act.
Section 6, as amended by the Crimes Legislation Amendment Act 1997 , extends:
(a) to applications to annul convictions, and referrals of convictions, made under section 100A and 100B, respectively, of the Justices Act 1902 , and
(b) to applications made under section 45 of the Children (Criminal Proceedings) Act 1987 ,before the commencement of the amendment made to section 6 by the Crimes Legislation Amendment Act 1997 .
(1) Section 48B, as inserted by Schedule 1.2 [1] to the Courts Legislation Further Amendment Act 1997 , applies to a bail decision made before the commencement of that section, as so inserted, in the same way it applies to a bail decision made after that commencement.
(2) In this clause, "bail decision" means a decision of a court relating to a bail reporting condition or bail residence condition.
Section 16A extends to apply to a person who, on the commencement of that section, is at liberty on bail granted before that commencement.
The provisions of section 42A, section 42B and Part 7A apply to and in respect of any bail agreement entered into before the commencement of those provisions in the same way as they apply to and in respect of any bail agreement entered into after that commencement.
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Criminal Procedure Legislation Amendment (Bail Agreements) Act 1998 .
(2) Such a provision may, if the regulations so provide, take effect from the date of assent to that Act or a later day.
(3) To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.
In this Part, "amending Act" means the Bail Amendment Act 1998 .
Sections 9 and 9A, as amended by Schedule 1 [1]-[5] to the amending Act, apply to offences alleged to have been committed by a person who is charged with an offence on or after the commencement of the amendments to those sections.
Section 32, as amended by Schedule 1 [8]-[10] to the amending Act, applies to offences alleged to have been committed by a person who is charged with an offence on or after the commencement of the amendments to that section.
A reference in any other Act, in any instrument made under any Act or in any other instrument of any kind, to Part 6 of this Act, as in force immediately before the commencement of Schedule 1 [16] to the amending Act, is to be read as a reference to Division 2 of Part 6 of this Act.
In this
Part:
"2002 amending Act" means the Bail Amendment (Repeat Offenders) Act 2002 .
(1) The Minister is to review the operation of the amendments made to this Act by the 2002 amending Act as soon as possible after the period of 12 months after the date of commencement of this clause.
(2) Without limiting subclause (1), the review is to include a review of the operation of those amendments with respect to offenders who are Aboriginal persons or Torres Strait Islanders, offenders under the age of 18 years and offenders having an intellectual disability or who are mentally ill.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the 12-month period.
Section 9B, as inserted by the 2002 amending Act, extends to an offence alleged to have been committed before the commencement of that section if a person is charged with the offence on or after that commencement.
Sections 32 and 36, as amended by the 2002 amending Act, extend to an offence alleged to have been committed before the commencement of the amendments if a person is charged with the offence on or after that commencement.
(1) Any condition imposed on a grant of bail under section 36A, being a condition in force immediately before the commencement of Schedule 2 [3] to the Crimes Legislation Amendment (Criminal Justice Interventions) Act 2002 , is taken to have been imposed under that section as amended by Schedule 2 [3] to that Act.
(2) Sections 36A and 37, as amended by the Crimes Legislation Amendment (Criminal Justice Interventions) Act 2002 , extend to an offence alleged to have been committed before the commencement of the amendments if a person is charged with the offence on or after that commencement.
An amendment made to this Act by the Crimes Legislation Amendment Act 2002 extends to an offence alleged to have been committed before the amendment commences if a person is charged with the offence on or after that commencement.
Anything:
(a) that was done or omitted to be done by an authorised justice before the commencement of this clause, and
(b) that would have been lawful if the amendments made to this Act by the Crimes Legislation Amendment Act 2002 had been in force when the thing was done or omitted to be done,is as valid as it would have been had those amendments been in force when the thing was done or omitted to be done.
In this Part:
"amending Act" means the Bail Amendment Act 2003 .
(1) Section 9C, as inserted by the amending Act, extends to a grant of bail in respect of an offence of murder alleged to have been committed before the commencement of that section if a person is charged with the offence on or after that commencement.
(2) Section 9D, as inserted by the amending Act, extends to a grant of bail in respect of a serious personal violence offence alleged to have been committed before the commencement of that section if a person is charged with the offence on or after that commencement.
(3) A reference in section 9D to a conviction for a serious personal violence offence extends to a conviction occurring before the commencement of that section.
(1) Section 25A, as inserted by the amending Act, extends to a serious offence alleged to have been committed before the commencement of that section if a person is charged with the offence on or after that commencement.
(2) A reference in section 25A to an offence under or mentioned in a provision of Part 3 of the Crimes Act 1900 extends to an offence under or mentioned in a repealed provision of Part 3 of the Crimes Act 1900 that was committed before the provision was repealed.
(1) The Minister is to review the operation of the amendments made to this Act by the amending Act to determine the effect of those amendments.
(2) The review required by this clause is to be undertaken as soon as possible after the period of 12 months from the commencement of the amendments.
(3) A report on the outcome of the review required by this clause is to be tabled in each House of Parliament within 12 months after the end of the period of 12 months from the commencement of the amendments.
In this Part:
"amending Act" means the Bail Amendment (Firearms and Property Offences) Act
2003 .
(1) Section 8B, as inserted by the amending Act, extends to a grant of bail in respect of an offence alleged to have been committed before the commencement of that section if a person is charged with the offence on or after that commencement.
(2) Section 8C, as inserted by the amending Act, extends to a grant of bail in respect of an offence alleged to have been committed before the commencement of that section if a person is charged with the offence on or after that commencement.
(3) A reference in section 8C to a conviction for an offence extends to a conviction occurring before the commencement of that section.
Section 53AA, as inserted by the amending Act, does not apply to bail money deposited before the commencement of that section.
Nothing in the amending Act affects the jurisdiction of a court to deal with an objection to the confirmation of a forfeiture order if the objection was made under this Act before the commencement of this clause.
(1) Section 8A, as amended by the Bail Amendment (Terrorism) Act 2004 , extends to a grant of bail to a person in respect of an offence committed before the commencement of that amendment, whether the person was charged with that offence before or after that commencement.
(2) The operation of this clause extends to a review under Part 6 of this Act of a bail decision made before that commencement.
(1) Section 8A, as in force immediately before the commencement of Schedule 1 to the Crimes and Courts Legislation Amendment Act 2005 , continues to apply in respect of offences under the Customs Act 1901 of the Commonwealth to which that section applied immediately before the commencement of Schedule 1 to the Crimes and Courts Legislation Amendment Act 2005 .
(2) Offences under the Customs Act 1901 of the Commonwealth excluded from the operation of section 9 immediately before the commencement of Schedule 1 to the Crimes and Courts Legislation Amendment Act 2005 continue to be excluded from the operation of that section despite those amendments.
(1) Section 8D, as inserted by the Law Enforcement Legislation Amendment (Public Safety) Act 2005 , extends to a grant of bail to a person in respect of an offence committed before the commencement of that section, whether the person was charged with that offence before or after that commencement.
(2) The operation of this clause extends to a review under Part 6 of this Act of a bail decision made before that commencement.
(1) Section 8E, as inserted by the Bail Amendment (Lifetime Parole) Act 2006 , extends to a grant of bail in respect of an offence alleged to have been committed before the commencement of that section, whether the person was charged with the offence before or after that commencement.
(2) The operation of this clause extends to a review under Part 6 of this Act of a bail decision made before that commencement.
The amendment made to section 8A by the Crimes and Courts Legislation Amendment Act 2006 extends to a grant of bail to a person in respect of an offence committed before the commencement of that amendment, but only if the person is charged with the offence on or after that commencement.
The amendment made to section 8B by the Bail Amendment Act 2007 extends to a grant of bail to a person in respect of an offence committed before the commencement of that amendment, but only if the person is charged with the offence on or after that commencement.
The amendments made to sections 22 and 22A by the Bail Amendment Act 2007 extend to an application in relation to bail made by or on behalf of a person in a case where an application in relation to that bail has already been made by or on behalf of the person and dealt with by a court before the commencement of the amendments.
(1) Section 8F, as inserted by the Law Enforcement and Other Legislation Amendment Act 2007 , extends to a grant of bail in respect of an offence alleged to have been committed before the commencement of that section if a person is charged with the offence on or after that commencement.
(2) Section 9D, as amended by the Law Enforcement and Other Legislation Amendment Act 2007 , extends to a grant of bail in respect of an offence alleged to have been committed under section 66D of the Crimes Act 1900 before the commencement of that amendment if a person is charged with the offence on or after that commencement.
(1) Section 9D, as amended by the Courts and Crimes Legislation Further Amendment Act 2008 , extends to an offence against section 35 (1) or (3) of the Crimes Act 1900 committed on or after the commencement of Schedule 1 [7] to the Crimes Amendment Act 2007 .
(2) Section 9D, as in force immediately before it was amended by the Courts and Crimes Legislation Further Amendment Act 2008 , continues to apply to an offence against section 35 (2) of the Crimes Act 1900 committed before the commencement of Schedule 1 [7] to the Crimes Amendment Act 2007 .
A review under section 45 or 46 of a decision in relation to bail that was commenced before the date of commencement of Schedule 2 to the Courts and Crimes Legislation Further Amendment Act 2008 , but not determined before that date, is to be determined as if that Act had not been enacted.