2012

ATTORNEY-GENERAL AND MINISTER FOR JUSTICE 

BAIL AMENDMENT BILL 2012

                                      				SERIAL NO. 13  

EXPLANATORY STATEMENT

GENERAL OUTLINE

The purpose of this Bill is to amend the Bail Act so that it is clear that a court or authorised member, when granting bail, can impose bail conditions which seek to ensure compliance with other conditions.  An express power for police and courts to make bail conditions requiring an accused person to submit to testing to ensure compliance with a bail condition prohibiting them consuming alcohol and other drugs (other than a drug as prescribed for use by the offender by a medical practitioner or another health practitioner) will also be inserted into the Bail Act. 

NOTES ON CLAUSES

Clause 1.	Short title 

This is a formal clause which provides for the citation of the Bill.  The Bill when passed may be cited as the Bail Amendment Act 2012.

Clause 2.	Commencement

The Act will commence on the day fixed by the Administrator by Gazette notice. 

Clause 3.	Act amended 

This clause provides that the Bail Amendment Act 2012 will amend the Bail Act. 

Clause 4.	Section 3 amended 

This clause amends section 3(1) of the Bail Act so as to insert a meaning of the term ‘ancillary provision’ into the definitions section.  ‘Ancillary provision’ of a conduct agreement has the meaning in new section 27A(2A) (see clause 5).

Clause 5.	Section 27A amended

This clause amends section 27A of the Bail Act. 

Clause 5(1) omits the phrase “non-prescription drugs” from section 27A(1)(h) and inserts the phrase “a drug (other than a drug as prescribed for the person by a health practitioner)”.  This clause is intended to ensure that a police officer or court when granting bail can also impose a condition prohibiting an accused from consuming a drug (other than a drug as prescribed) ie from misusing drugs prescribed to them by a medical practitioner or another health practitioner.

Clause 5(2) will insert a new section 27A(1)(ha) into the Bail Act.  Section 27A(1)(ha) will provide that a court or police officer when granting bail can require a person who is subject to a bail condition under section 27A(1)(h) prohibiting them from consuming alcohol or drugs (other than as prescribed by a health practitioner) to submit to testing by an authorised person to monitor compliance with the prohibition.  

Clause 5(3) will insert a new section 27A(2A) into the Bail Act.  Section 27(2A) will provide that provisions of conduct agreements that relate to compliance by the accused with provisions of the agreement is an ancillary provision.  Examples of ancillary provisions include sections 27A(1)(g), (ha), (ia) and (ib).  

Clause 5(4) will insert a new section 27A(6) into the Bail Act which defines who is an “authorised person” for the purposes of section 27A(1)(ha) and “health practitioner” for the purposes of section 27A(1)(h).

Clause 6.	Section 28 amended  

Clause 6 amends section 28 by inserting a new section 28(4) providing that, to avoid any doubt, an ancillary provision of a conduct agreement is not invalid only on the grounds that the ancillary provision is not necessary to minimise risks to the safety or welfare of others or for the administration of justice. 

An ancillary provision must however be for the purpose of ensuring compliance by the accused with another provision of the agreement in accordance with section 27A(2A) (see clause 5 above).