NSWIn ForceAct
Bail Act 2013
16BOffences to which the show cause requirement applies
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#### 16B Offences to which the show cause requirement applies
16B Offences to which the show cause requirement applies
> > (1) For the purposes of this Act, each of the following offences is a show cause offence—
> >
> > > (a) an offence that is punishable by imprisonment for life,
> >
> > > (b) a serious indictable offence that involves—
> > >
> > > > (i) sexual intercourse with a person under the age of 16 years by a person who is of or above the age of 18 years, or
> > >
> > > > (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person under the age of 16 years by a person who is of or above the age of 18 years,
> >
> > > (c) a serious personal violence offence, or an offence involving wounding or the infliction of grievous bodily harm, if the accused person has previously been convicted of a serious personal violence offence,
> >
> > > (c1) a serious domestic violence offence,
> >
> > > (c2) an offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 54D,
> >
> > > (d) any of the following offences—
> > >
> > > > (i) a serious indictable offence under Part 3 or 3A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) or under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046) that involves the use of a firearm,
> > >
> > > > (ii) an indictable offence that involves the unlawful possession of a pistol or prohibited firearm in a public place,
> > >
> > > > (iii) a serious indictable offence under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046) that involves acquiring, supplying, manufacturing or giving possession of a pistol or prohibited firearm or a firearm part that relates solely to a prohibited firearm,
> >
> > > (e) any of the following offences—
> > >
> > > > (i) a serious indictable offence under Part 3 or 3A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) or under the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127) that involves the use of a military-style weapon,
> > >
> > > > (ii) an indictable offence that involves the unlawful possession of a military-style weapon,
> > >
> > > > (iii) a serious indictable offence under the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127) that involves buying, selling or manufacturing a military-style weapon or selling, on 3 or more separate occasions, any prohibited weapon,
> >
> > > (f) an offence under the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226) that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a prohibited drug or prohibited plant within the meaning of that Act,
> >
> > > (g) an offence under Part 9.1 of the Commonwealth Criminal Code that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug within the meaning of that Code,
> >
> > > (h) a serious indictable offence that is committed by an accused person—
> > >
> > > > (i) while on bail (whether granted under this Act or a law of another jurisdiction), or
> > >
> > > > (ii) while on parole (whether granted under a law of this State or another jurisdiction),
> >
> > > (i) an indictable offence, or an offence of failing to comply with a supervision order, committed by an accused person while subject to a supervision order,
> >
> > > (j) a serious indictable offence of attempting to commit an offence mentioned elsewhere in this section,
> >
> > > (k) a serious indictable offence (however described) of assisting, aiding, abetting, counselling, procuring, soliciting, being an accessory to, encouraging, inciting or conspiring to commit an offence mentioned elsewhere in this section,
> >
> > > (l) a serious indictable offence that is committed by an accused person while the person is the subject of a warrant authorising the arrest of the person issued under—
> > >
> > > > (i) this Act, or
> > >
> > > > (ii) Part 7 of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), or
> > >
> > > > (iii) the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209), or
> > >
> > > > (iv) the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092).
>
> > (2) In this section, a reference to the facts or circumstances of an offence includes a reference to the alleged facts or circumstances of an offence.
>
> > (3) In this section—
> >
> > firearm, firearm part, prohibited firearm and pistol, and use, acquire, supply or possession of a firearm or firearm part, have the same meanings as in the [Firearms Act 1996](/view/html/inforce/current/act-1996-046).
> >
> > prohibited weapon and military-style weapon, and use, buy, sell, manufacture or possession of a prohibited weapon, have the same meanings as in the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127).
> >
> > serious indictable offence has the same meaning as in the [Crimes Act 1900](/view/html/inforce/current/act-1900-040).
> >
> > serious personal violence offence means—
> >
> > > (a) an offence under Part 3 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) that is punishable by imprisonment for a term of 14 years or more, or
> >
> > > (b) an offence under a law of the Commonwealth, another State or Territory or any other jurisdiction that is similar to an offence under that Part.
>
> **s 16B:** Ins 2014 No 52, Sch 1 \[6\]. Am 2015 No 44, Schs 1 \[2\] (am 2016 No 54, Sch 1.2 \[1\]) \[3\], 2 \[2\]; 2016 No 54, Sch 1.1 \[2\]; 2017 No 40, Sch 1.1 \[1\] \[2\]; 2018 No 87, Sch 1.2 \[1\] \[2\]; 2024 No 30, Sch 1\[2\].