sec.16ARefusal of bail for defendants convicted of terrorism offences or subject to Commonwealth control orders

### sec.16A Refusal of bail for defendants convicted of terrorism offences or subject to Commonwealth control orders This section applies in relation to a defendant if— the defendant— has previously been convicted of a terrorism offence; or is or has been the subject of a Commonwealth control order; and the defendant is an adult. Despite any other provision of this Act, a court must refuse to grant bail to the defendant unless the court is satisfied exceptional circumstances exist to justify granting bail. In considering whether exceptional circumstances exist to justify granting bail to the defendant, the court may have regard to any relevant matter. If the court grants bail to the defendant, the order granting bail must state the reasons for the decision. This section does not affect the operation of section 16 (1) . If the defendant is charged with an offence mentioned in section 16 (3) (a) to (g) , section 16 (3) does not apply in relation to the defendant. In this section— convicted , of an offence, means found guilty of the offence by a court, on a plea of guilty or otherwise, whether or not a conviction is recorded. s 16A ins 2019 No. 10 s 9 (sec.16A-ssec.1) This section applies in relation to a defendant if— the defendant— has previously been convicted of a terrorism offence; or is or has been the subject of a Commonwealth control order; and the defendant is an adult. (sec.16A-ssec.2) Despite any other provision of this Act, a court must refuse to grant bail to the defendant unless the court is satisfied exceptional circumstances exist to justify granting bail. (sec.16A-ssec.3) In considering whether exceptional circumstances exist to justify granting bail to the defendant, the court may have regard to any relevant matter. (sec.16A-ssec.4) If the court grants bail to the defendant, the order granting bail must state the reasons for the decision. (sec.16A-ssec.5) This section does not affect the operation of section 16 (1) . (sec.16A-ssec.6) If the defendant is charged with an offence mentioned in section 16 (3) (a) to (g) , section 16 (3) does not apply in relation to the defendant. (sec.16A-ssec.7) In this section— convicted , of an offence, means found guilty of the offence by a court, on a plea of guilty or otherwise, whether or not a conviction is recorded. - (a) the defendant— (i) has previously been convicted of a terrorism offence; or (ii) is or has been the subject of a Commonwealth control order; and - (i) has previously been convicted of a terrorism offence; or - (ii) is or has been the subject of a Commonwealth control order; and - (b) the defendant is an adult. - (i) has previously been convicted of a terrorism offence; or - (ii) is or has been the subject of a Commonwealth control order; and