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Bail Act 1992
9AEntitlement to bail—offences other than minor offences
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9A Entitlement to bail—offences other than minor offences
(1) This section applies to—
(a) a person in relation to an offence other than an offence
mentioned in section 8 (1) (a) or (b) (Entitlement to bail—
certain minor offences etc); and
(b) a person who is not entitled to bail under section 8 (2) because
of section 9 (1) or (2).
(2) The person is entitled to be granted bail unless the court or authorised
officer is satisfied that refusal is justified after considering—
No presumption for bail Division 2.3
Division 2.3 No presumption for bail
9B Div 2.2 not to apply to certain offences
Division 2.2 (Presumption for bail) does not apply to the grant of
bail—
(a) to a person accused of an offence mentioned in schedule 1
(Offences to which presumption for bail does not apply); or
(b) to a person accused of any of the following offences, if the
person has in the previous 10 years been found guilty of an
offence involving violence or the threat of violence:
(i) an offence against the Crimes Act 1900, section 30 (Threat
to kill);
(ii) an offence against the Crimes Act 1900, section 31 (Threat
to inflict grievous bodily harm);
(iii) an offence against the Crimes Act 1900, section 35
(Stalking);
(iv) an offence against the Domestic Violence and Protection
Orders Act 2008 (repealed), section 90 (Offence for
contravention of protection order);
(v) an offence against the Family Violence Act 2016,
section 43 (Offence—contravention of family violence
order);
(vi) an offence against the Personal Violence Act 2016,
section 35 (Offence—contravention of protection order);
or
(c) to a person accused of an offence against the Commonwealth
Criminal Code, section 80.1 (Treason); or
(d) to a person accused of an offence against the Road Transport
(Safety and Traffic Management) Act 1999, section 7 (Furious,
reckless or dangerous driving) that is an aggravated offence
under that Act, section 7A (1) (b) (which is about repeat
offenders); or
(e) to a person convicted of an indictable offence but not sentenced.