2015
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

ATTORNEY-GENERAL AND MINISTER FOR JUSTICE
BAIL AMENDMENT BILL (NO. 2) 2015
(SERIAL NO. 135)

EXPLANATORY STATEMENT

GENERAL OUTLINE
The purpose of the Bill is to allow the Youth Justice Court to consider the use of an electronic monitoring device when assessing what conditions to impose upon a bail undertaking. 
The Bill inserts clauses relating to the specific requirement for an accused person to not tamper with, remove, destroy or otherwise interfere with the device and contains provisions relating to the revocation of bail where a breach of bail is brought about by the device being tampered with or destroyed. 
The Bill contains a clause relating to costs recoverable to the Northern Territory when such a device is tampered with or destroyed and miscellaneous amendments have been made to ensure wording within the Act is consistent.
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 (No. 2) 2015.
Clause 2.	Commencement.
This Act will commence on a day fixed by the Administrator by Gazette notice.
Clause 3.	Act amended.
This Act amends the Bail Act.
Clause 4.             Section 3 amended
This clause corrects an incorrect cross-reference in the Bail Act definition of ‘approved monitoring device’. The definition contains a cross reference to section 164 of the Correctional Services Act, the reference should be to section 165. 
Clause 5              Section 27A amended
This clause amends section 27A as follows:
·	clause 5(1): this clause inserts the word ‘using’ after ‘alcohol or’  and before ‘drug’ in section 27A(1)(h). This amendment is necessary as both the Misuse of Drugs Act and the Medicine, Poisons and Therapeutic Goods Act use the term ‘use’ when referring to drugs, rather than consume and the amendment ensures  consistency between the Acts;
·	clauses 5(2) and 5(4) omit the words ‘other than a Youth Justice Court’ from sections 27A(1)(ia) and 27A(1)(ib) respectively. Omitting these words will allow a Youth Justice Court to consider the use of an electronic monitoring device when assessing conditions for bail; and
·	clause 5(3) ensures there is a clear obligation on accused persons fitted with a device, not to tamper with or destroy it. Such an obligation is currently not included in the Bail Act.
Clause 6.           Section 27B amended
The amendments to section 27B clarify the wording that is used in the particular sections. The Act interchanges between the use of the words ‘condition’ and ‘provision’ and the amendments ensure that consistent wording is used by removing reference to ‘condition’ and inserting ‘provision’.
Clause 7.           Section 28 amended
The amendments to section 28 are for the same reasons as those stated in clause 6.
Clause 8.           Section 38 amended
Clause 8 of the Bill inserts a new prescribed matter in section 38(2A). Section 38(2A) contains a mechanism whereby a court must revoke bail if a breach of a condition of bail relates to a prescribed matter.  The prescribed matter inserted by this clause relates to where a breach is due to contravention of section 27A(1)(ia), namely “not tamper with, destroy or otherwise interfere with, an approved monitoring device while on bail or the lesser period ordered by the court”. It is noted that where bail is revoked, a court must exercise its powers under section 38(3), namely to remand in custody or release the person on a new bail undertaking.
Clause 9.           Section 38A inserted
Clause 9 inserts a new section 38A which contains a provision regarding costs recoverable to the Northern Territory where a device is tampered with, damaged or destroyed. This provision is similar to sections in both the Correctional Services Act and the Sentencing Act, relating to damage to devices under those Acts. 
Clause 10.           Part 9, Division 3 inserted
Clause 10 contains a transitional provision. The transitional provision is required to ensure the Bill contains a clear explanation as to what matters the amendments apply to. 
Clause 10 notes that the amendments to section 27A apply to any grant or variation of bail that occurs after commencement and the clause notes that the amendment to section 38 applies to any breach of bail that occurs after commencement.
Clause 11.           Expiry of Act
Clause 11 notes that the Act expires on the day after it commences. This clause is contained in every ‘amendment’ Bill and ensures the Bill is removed from the Statute Book after it commences.