17DMeaning of *applicable decision*

17D Meaning of applicable decision

(1) A decision—

(a) of whether or not to grant bail to an accused (whether on a first or further application or on appeal or otherwise); or

(b) of whether to vary the conditions of bail—

is an applicable decision if it meets the criteria set out in subsection (2).

(2) The criteria are—

(a) that the accused is of an eligible age under subsection (3) or (4); and

(b) that the bail decision maker is either—

(i) the Children's Court sitting at a venue that is in a prescribed region of the State; or

(ii) the Supreme Court; and

(c) that the additional prescribed criteria (if any) are met; and

(d) that the decision is to be made before the second anniversary of the commencement of this Part.

(3) The accused is of an eligible age if, at the time that the decision is to be made, the accused is—

(a) 14 years of age or over; and

(b) under 18 years of age.

(4) Additionally, the accused is of an eligible age if—

(a) the accused is 18 years of age at the time that the decision is to be made; and

(b) the accused was under 18 years of age at the time of the alleged offending.