28BBail condition must impose electronic monitoring for certain offences

#### 28B Bail condition must impose electronic monitoring for certain offences 28B Bail condition must impose electronic monitoring for certain offences > > (1) This section applies if an accused person is— > > > > > (a) subject to the requirement to show cause under section 16A for a show cause offence referred to in section 16B(1)(c1), and > > > > > (b) granted bail. > > > (2) The grant of bail must be subject to a bail condition that the accused person be subject to electronic monitoring, unless the bail authority is satisfied sufficient reasons exist, in the interests of justice, to justify not imposing the condition. > > > (2A) If the grant of bail is subject to a condition referred to in subsection (2)— > > > > > (a) the accused person must remain in custody until the person has been fitted with a device that permits the electronic monitoring of the person, and > > > > > > Note— > > > > > > See section 42 and the regulations, which provide that a person who has custody of an accused person granted bail must give a court notice that the accused person is still in custody within particular timeframes. > > > > > (b) the electronic monitoring— > > > > > > > (i) must be conducted by the Commissioner of Corrective Services, and > > > > > > > (ii) must not be conducted by a person other than the Commissioner of Corrective Services. > > > (3) To avoid doubt, nothing in this section— > > > > > (a) (Repealed) > > > > > (b) requires or permits a bail authority, in making a decision under Division 1A or Division 2, to be satisfied the accused person’s detention is not justified, or there is not an unacceptable risk, on the basis a bail condition may be imposed requiring the accused person to be subject to electronic monitoring under this section, or > > > > > (c) prevents a bail authority from varying the bail conditions to which an accused person is subject, to allow the accused person to be released on bail without being subject to electronic monitoring, if there are sufficient reasons in the interests of justice for the variation. > > > (4) The regulations may provide for matters relating to the supervision, monitoring and enforcement of electronic monitoring imposed on accused persons as a bail condition under this section. > > **s 28B:** Ins 2024 No 30, Sch 1\[5\] (am 2024 No 59, Sch 2.1\[1\] \[2\]). Am 2025 No 28, Sch 1\[1\]–\[3\].