1Bail Regulations 2015

South Australia Bail Regulations 2015 under the Bail Act 1985

Contents 1 Short title 3 Interpretation 3A Definition of terrorist offence 4 Forms 5 Dealing with surrendered items 6 Section 13 statement Schedule 1—Forms Schedule 2—Section 13 statement Legislative history

1—Short title These regulations may be cited as the Bail Regulations 2015. 3—Interpretation (1) In these regulations, unless the contrary intention appears— Act means the Bail Act 1985. (2) In these regulations, a reference to a form of a particular number is a reference to the form of that number set out in Schedule 1. 3A—Definition of terrorist offence (1) For the purposes of paragraph (e) of the definition of terrorist offence in section 3(1) of the Act, the following kinds of offences against the laws of South Australia are prescribed: (a) an offence against section 83CA of the Criminal Law Consolidation Act 1935; (b) any offence against Part 3D of the Criminal Law Consolidation Act 1935; (c) an offence against section 37 of the Summary Offences Act 1953. (2) For the purposes of paragraph (e) of the definition of terrorist offence in section 3(1) of the Act, the following kinds of offences against the laws of other States and Territories of the Commonwealth are prescribed: (a) an offence against section 310J of the Crimes Act 1900 of New South Wales; (b) the following offences against Schedule 1 of the Criminal Code Act 1983 of the Northern Territory: (i) an offence against section 51 where the unlawful organisation to which the offence relates is a terrorist organisation; (ii) an offence against section 53 where the unlawful organisation to which the offence relates is a terrorist organisation; (iii) an offence against section 54; (iv) an offence against section 55; (c) an offence against section 4B of the Terrorism (Community Protection) Act 2003 of Victoria. (3) In this regulation— terrorist organisation means an organisation referred to in paragraph (b) of the definition of terrorist organisation in Division 102 of the Commonwealth Criminal Code. 4—Forms (1) If the bail authority is a court, the form prescribed for the purposes of a particular provision of the Act (other than section 6(2), 7(2) or 8(1)) is the relevant form set out in the Joint Criminal Rules 2022. Editorial note— Sections 6(2), 7(2) and 8(1) of the Act provide that if the bail authority is a court the relevant forms will be forms determined by that court. (2) If the bail authority is not a court, the form prescribed for the purposes of a particular provision of the Act is the relevant form set out in Schedule 1. (3) A form set out in Schedule 1 must contain the information required by, and be completed in accordance with, the instructions contained in the form. 5—Dealing with surrendered items (1) For the purposes of section 11A(4) of the Act, the Commissioner of Police must deal with a surrendered item in accordance with this regulation. (2) A surrendered item that is a prohibited weapon (within the meaning of Part 3A of the Summary Offences Act 1953), or that is an item that cannot otherwise be lawfully possessed in this State, is, by force of this subregulation, forfeited to the Crown. (3) The Commissioner of Police must retain a surrendered item (other than a surrendered item forfeited under subregulation (2)) in a location determined by the Commissioner of Police until— (a) the surrendered item is forfeited to the Crown under the Act or any other Act; or (b) the surrendered item is returned in accordance with this regulation to the person who surrendered it; or (c) the surrendered item is seized or surrendered under the provisions of another Act, whichever occurs first. (4) If the condition imposed under section 11(1)(a) of the Act on the grant of bail of the person who surrendered the surrendered item is revoked, or the grant of bail is terminated, the person may notify the Commissioner of Police of that fact. (5) Subject to this regulation, if the Commissioner of Police— (a) is notified pursuant to subregulation (4); or (b) otherwise becomes aware that the grant of bail of the person is no longer subject to the condition imposed under section 11(1)(a) of the Act, or the grant of bail is terminated, the Commissioner of Police must cause the surrendered item to be returned to the person who surrendered the item. (6) If the Commissioner of Police is required to return a surrendered item under subregulation (5), the Commissioner of Police must give notice in writing to the person who surrendered the item setting out— (a) that the surrendered items specified in the notice are to be returned to the person; and (b) the location at which the surrendered items may be collected; and (c) that the surrendered items must be collected from the specified location within 3 months of the date specified in the notice (or such longer time as may be specified by the Commissioner of Police); and (d) that the surrendered items will only be returned if the person holds any necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item; and (e) the effect of subregulations (7) and (8). (7) However, the Commissioner of Police may refuse to return a surrendered item to a person if— (a) the person is on conditional release that is subject to a condition prohibiting the person from possessing a firearm, ammunition or part of a firearm; or (b) the person does not hold any necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item, or is otherwise prohibited from possessing the surrendered item, and, if the Commissioner of Police does so refuse, he or she must give notice in writing to the person who surrendered the surrendered item setting out— (c) the reasons for the refusal; and (d) in the case of a refusal contemplated by subregulation (7)(a)—the effect of subregulation (9). (8) If— (a) a surrendered item is not collected within the period specified in subregulation (6)(c); or (b) the person does not, at the end of the period specified in subregulation (6)(c), hold the necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item, or is otherwise prohibited from possessing the surrendered item, the surrendered item is, by force of this subregulation, forfeited to the Crown. (9) If the Commissioner of Police refuses to return a surrendered item to a person pursuant to subregulation (7)(a)— (a) the surrendered item will be taken to have been surrendered pursuant to a direction under the provision of the Act under which the conditional release was granted (corresponding to section 11A(1) of the Act); and (b) the surrendered item must be dealt with in accordance with that Act. (10) The Commissioner of Police may recover from the person who surrendered the surrendered item the reasonable costs incurred in connection with the storage of the surrendered item. (11) This regulation is in addition to, and does not derogate from, the operation of any other Act or law. (12) No compensation is payable by the Crown in respect of the forfeiture of a surrendered item under this regulation. (13) A notice required to be given to a person under this regulation may— (a) be given to the person personally; or (b) be posted in an envelope addressed to the person— (i) at the person's last known address; or (ii) at the person's address for service; or (c) be left for the person at the person's last known address or address for service with someone apparently over the age of 16 years; or (d) be given by means of email, text message or other electronic form of communication. (14) In this regulation— conditional release means— (a) release on bail under the Act; or (b) a bond under the Criminal Law (Sentencing) Act 1988 or the Criminal Law Consolidation Act 1935; or (c) release from prison on home detention or parole, under the Correctional Services Act 1982; or (d) release on licence under the Criminal Law (Sentencing) Act 1988 or the Criminal Law Consolidation Act 1935; or (e) release on licence, or conditional release from detention, under the Young Offenders Act 1993; surrendered item means a firearm, ammunition or any part of a firearm surrendered pursuant to a direction under section 11A(1) of the Act. 6—Section 13 statement (1) For the purposes of section 13(1)(b)(i) of the Act, a written statement explaining how, and to what authorities, an application for release on bail may be made under the Act must be in the form set out in Schedule 2. (2) If it appears that the native language of an applicant for bail is a language other than English, the written statement may be in the form of a translation into that other language of that form. Schedule 1—Forms