22ALimitation on power to release in relation to terrorism related offences

#### 22A Limitation on power to release in relation to terrorism related offences 22A Limitation on power to release in relation to terrorism related offences > > (1) Despite anything to the contrary in this Act, a bail authority must, unless it is established that exceptional circumstances exist, refuse bail for— > > > > > (a) an offence under section 310J of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), or > > > > > (b) any other offence for which a custodial sentence may be imposed, if the bail authority is satisfied that the accused person— > > > > > > > (i) before being charged with that offence, has been charged with a Commonwealth terrorism offence or an offence under section 310J of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) and the proceedings relating to the offence have not concluded, or > > > > > > > (ii) has previously been convicted of a Commonwealth terrorism offence or an offence under section 310J of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), or > > > > > > > (iii) is the subject of a control order made under Part 5.3 of the Commonwealth Criminal Code. > > > (2) If the offence is a show cause offence, the requirement that the accused person establish that exceptional circumstances exist that justify a decision to grant bail or dispense with bail applies instead of the requirement that the accused person show cause why his or her detention is not justified. > > > (3) Subject to subsection (1), Division 2 (Unacceptable risk test—all offences) applies to a bail decision made by a bail authority under this section. > > > (4) In this section, Commonwealth terrorism offence has the same meaning as terrorism offence has in the [Crimes Act 1914](http://www.legislation.gov.au/) of the Commonwealth. > > **s 22A:** Ins 2015 No 44, Sch 2 \[4\].