NTIn ForceAct
Bail Act 1982
Part 2of the Criminal Justice Legislation Amendment (Sexual
Start here
Get a plain-English read of Part 2
Turn the raw legal text into a practical explanation grounded in Bail Act 1982.
Part 2 of the Criminal Justice Legislation Amendment (Sexual
Offences) Act 2023, that was punishable by imprisonment for
5 or more years.
supported bail accommodation means a place declared by the
Minister under section 27A(1)(ea) to be supported bail
accommodation.
Supreme Court includes a Supreme Court Judge.
Supreme Court Judge means:
(a) a Judge of the Supreme Court; or
(b) if the Rules of Court made under the Supreme Court Act 1979
permit an Associate Judge to exercise the powers of the
Supreme Court under this Act – an Associate Judge.
Bail Act 1982 5
Territory sexual offence means an indictable offence of which an
element is:
(a) sexual intercourse, sexual penetration or a sexual involvement
with an animal; or
(ab) a grossly indecent act; or
(b) a sexual relationship; or
(c) sexual abuse; or
(d) indecent touching or an indecent assault; or
(e) any other indecent act directed against a person; or
(f) the making, collection, exhibition or display of an indecent
object or pornographic material; or
(g) sexual servitude or any other form of sexual exploitation; or
(h) an attempt to commit, an act of procuring, or any other act
preparatory to the commission of, any of the above.
youth, see section 6 of the Youth Justice Act 2005.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
(2) A reference in this Act to an accused person, or a person accused
of an offence, includes a reference to:
(a) a person charged with, convicted of or found guilty of an
offence; and
(b) a person in respect of whom an appeal is pending; and
(c) a person whose case has been remitted by the Supreme
Court under section 177(2)(d) of the Local Court (Criminal
Procedure) Act 1928 to the Local Court for hearing or further
hearing; and
(d) a person committed under section 6(2A) or (6), 15(4) or 25(4)
of the Criminal Law (Conditional Release of Offenders)
Act 1971 or the Sentencing Act 1995 to appear before, or be
dealt with by, a court; and
(e) a person brought before the Local Court under section 5G(4)
of the Parole Act 1971.
Bail Act 1982 6
(3) A reference in this Act to entering into a bail condition is a
reference, if the condition is imposed under:
(a) section 27(2)(a), (c) or (d) – to entering into the agreement or
agreements; or
(b) section 27(2)(b) – to making and signing the
acknowledgement; or
(c) section 27(2)(e) or (f) – to entering into the agreement or
agreements and depositing the security; or
(d) section 27(2)(g) or (h) – to entering into the agreement or
agreements and depositing the amount or amounts of money;
or
(e) section 27(2)(j) – to depositing every passport, whether
Australian or foreign, held by the accused person;
in accordance with the condition.
(4) A reference, however expressed, in this Act (other than in
section 24 or 24A) to the grant of bail includes a reference to the
continuation of bail under section 32.
3AA References to Local Court, judges or registrars
(1) In this Act, unless specified otherwise:
(a) a reference to the Local Court includes a reference to the
Youth Justice Court; and
(b) a reference to a Local Court Judge includes a reference to a
Judge of the Youth Justice Court; and
(c) a reference to a registrar of the Local Court includes a
Registrar of the Youth Justice Court.
(2) In this section:
Youth Justice Court means the court continued in existence by
section 45 of the Youth Justice Act 2005.