Australian Capital Territory

Bail (Consequential Amendments) Act
1992
No. 9 of 1992
TABLE OF PROVISIONS

Section
PART I—PRELIMINARY
	1.	Short title	
	2.	Commencement	
	3.	Savings	
PART II—AMENDMENTS OF THE CRIMES ACT, 1900 
OF THE STATE OF NEW SOUTH WALES IN ITS 
APPLICATION in THE TERRITORY
	4.	Crimes Act	
	5.	Interpretation	
	6.	Directing prosecution for perjury	
	7.	Failure to answer bail etc.—offence	
	8.	Orders for amendment of indictment, separate trial and postponement of trial
	9.	Respiting undertakings on postponement	
	10.	Reserving questions of law at trial	
	11.	Proceedings when question reserved	
	12.	Failure to comply with condition of recognizance or release	
	13.	Power of court where offender convicted of further offence	
	14.	No court fees to be taken in criminal cases	
PART III—AMENDMENTS OF THE MAGISTRATES 
COURT ACT 1930
	15.	Principal Act	
	16.	Interpretation	
	17.	Procedure on filing of indictment	
	18.	Repeal	
	19.	Bail of defendant during examination	
	20.	Recognizances	
	21.	Issue of warrant for non-appearance	
	22.	Recognizances taken out of Court	
	23.	Forfeited recognizances—how enforced	
	24.	Repeal	
	25.	Particular cases may be adjourned	
	26.	Accused person may be excused from attendance before Court	
	27.	Heading to Division 3 of Part VI	
	28.	Repeal	
	29.	Transmission of depositions etc. to Director of Public Prosecutions	
	30.	Appeals to which this Division applies	
	31.	Repeal	
	32.	Stay of execution pending appeal in certain cases	
	33.	Security for costs and stay of execution	
	34.	Repeal of Division 3A of Part XI	
	35.	Repeal	
	36.	Power of Court or Judge to admit to bail	
	37.	Repeal of Part XIIIA	
	38.	Recovery of sum due under security	
	39.	Sums paid by surety may be recovered from principal	
	40.	Payment enforced by security	
	41.	Enforcement of recognizance	
	42.	First Schedule	
PART IV—AMENDMENTS OF OTHER ACTS
	43.	Consequential amendments of other Acts	
schedule
AMENDMENTS OF OTHER ACTS

AUSTRALIAN CAPITAL TERRITORY

Bail (Consequential Amendments) Act
1992
No. 9 of 1992

	[Notified in ACT Gazette S 59: 28 May 1992]
An Act to amend certain Acts in consequence of the enactment of the Bail Act 1992 and for related purposes
	The Legislative Assembly for the Australian Capital Territory enacts as follows:
PART I—PRELIMINARY
Short title
1.  This Act may be cited as the Bail (Consequential Amendments) Act 1992.
Commencement
2.  (1)  Section 1 and this section commence on the day on which this Act is notified in the Gazette.
(2)  The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.
(3)  If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.
Savings
3.  Notwithstanding the amendments of—
	(a)	the Crimes Act, 1900 of the State of New South Wales in its application in the Territory;
	(b)	the Magistrates Court Act 1930; and
	(c)	the Acts specified in the Schedule;
made by this Act, the provisions of the Acts so amended as in force immediately before the commencement of this Act continue to apply in relation to—
	(d)	bail granted under the provisions;
	(e)	the release or discharge under the provisions of a person arrested or charged with an offence on the person entering into a recognizance with or without a surety;
	(f)	recognizances given or respited under the provisions; and
	(g)	security given under the provisions for the release or discharge of a person arrested in respect of, or charged with, an offence.
PART II—AMENDMENTS OF THE CRIMES ACT, 1900 OF THE STATE OF NEW SOUTH WALES IN ITS APPLICATION in THE TERRITORY
Crimes Act
4.  In this Part, “Crimes Act” means the Crimes Act, 1900 of the State of New South Wales in its application in the Territory.
Interpretation
5.  Section 4 of the Crimes Act is amended by inserting in subsection (1) the following definition:
“ ‘bail undertaking’ means an undertaking given by a person charged with an offence in order to obtain bail in relation to the offence;”.
Directing prosecution for perjury
6.  Section 340 of the Crimes Act is amended—
	(a)	by omitting “a recognizance” and substituting “an undertaking”;
	(b)	by omitting “recognizances” and substituting “undertakings”; and
	(c)	by omitting “recognizance” (second occurring) and substituting “undertaking”.
Failure to answer bail etc.—offence
7.  Section 358AI of the Crimes Act is amended—
	(a)	by inserting in paragraph (1) (a) “(other than the Bail Act 1992)” after “Territory” (first occurring);
	(b)	by inserting in subsection (1) “a period not exceeding” before “2 years”; and
	(c)	by omitting from subsection (1) “of $5,000” and substituting “not exceeding $20,000”.
Orders for amendment of indictment, separate trial and postponement of trial
8.  Section 365 of the Crimes Act is amended by omitting from paragraph (4) (c) “enlargement of recognizances” and substituting “variation of bail arrangements”.
Respiting undertakings on postponement
9.  Section 369 of the Crimes Act is amended—
	(a)	by omitting “recognizance” and substituting “undertakings”;
	(b)	by omitting “, and of the accused and her or his sureties, if any,”; and
	(c)	by omitting “or be tried,”.
Reserving questions of law at trial
10.  Section 428 of the Crimes Act is amended by omitting from subsection (2) all the words after “either” and substituting “admit the person to bail in accordance with the provisions of the Bail Act 1992 or commit him or her to prison.”.
Proceedings when question reserved
11.  Section 470 of the Crimes Act is amended by omitting from subsection (5) “recognizance” and substituting “bail undertaking”.
Failure to comply with condition of recognizance or release
12.  Section 556C of the Crimes Act is amended—
	(a)	by omitting from subsection (3) all the words from and including “on such recognizance” to and including “or may” and substituting “in accordance with the provisions of the Bail Act 1992 or”; and
	(b)	by omitting from subsection (3) “so dealt with” and substituting “dealt with under this section”.
Power of court where offender convicted of further offence
13.  Section 556N of the Crimes Act is amended by omitting from subsection (4) “on such recognizance as it thinks fit, on condition that she or he appears before the Supreme Court at a time and place to be fixed to be dealt with by the Supreme Court in accordance with subsection (1), or may” and substituting “in accordance with the provisions of the Bail Act 1992 or”.
No court fees to be taken in criminal cases
14.  Section 564 of the Crimes Act is amended by omitting “, for taking a recognizance of bail, or” and substituting “in relation to bail or for”.
PART III—AMENDMENTS OF THE MAGISTRATES COURT ACT 1930
Principal Act
15.  In this Part, “Principal Act” means the Magistrates Court Act 1930.
Interpretation
16.  Section 5 of the Principal Act is amended by inserting in subsection (1) the following definition:
“ ‘bail undertaking’ means an undertaking given by a person charged with an offence in order to obtain bail in relation to the offence;”.
Procedure on filing of indictment
17.  Section 43 of the Principal Act is amended—
	(a)	by omitting from subsection (1) “recognizances” and substituting “bail”; and
	(b)	by omitting from the end of paragraph (2) (b) “as herein provided” and substituting “in accordance with the provisions of the Bail Act 1992”.
Repeal
18.  Section 50 of the Principal Act is repealed.
Bail of defendant during examination
19.  Section 73 of the Principal Act is amended by omitting “, subject to this Act, order her or his discharge upon recognizance” and substituting “admit the defendant to bail in accordance with the provisions of the Bail Act 1992”.
Recognizances
20.  Section 77 of the Principal Act is amended by omitting “defendant, witness or other person” and substituting “witness, or person sought to be made a witness”.
Issue of warrant for non-appearance
21.  Section 78 of the Principal Act is amended by omitting “defendant, witness, or other person,” and substituting “witness or person sought to be made a witness”.
Recognizances taken out of Court
22.  Section 79 of the Principal Act is amended by inserting “under this Act” after “recognizance” (first occurring).
Forfeited recognizances—how enforced
23.  Section 80 of the Principal Act is amended—
	(a)	by omitting from subsection (1) “any recognizance (other than a recognizance entered into under Division 3A of Part XI)” and substituting “a recognizance entered by a witness or a person sought to be made a witness”; and
	(b)	by omitting subsection (2).
Repeal
24.  Section 81 of the Principal Act is repealed.
Particular cases may be adjourned
25.  Section 84 of the Principal Act is amended by omitting from subsection (2) all the words after “or may” and substituting “admit the defendant to bail in accordance with the provisions of the Bail Act 1992.”.
Accused person may be excused from attendance before Court
26.  Section 89A of the Principal Act is amended—
	(a)	by omitting paragraph (1) (b) and substituting the following paragraph:
	“(b)	a summons has been issued against the person named in the information;”;
	(b)	by omitting from paragraph (2) (a) “where a summons has been issued—”; and
	(c)	by omitting subsection (9).
Heading to Division 3 of Part VI
27.  The heading to Division 3 of Part VI of the Principal Act is amended by omitting “Bail” and substituting “Recognizances of Witnesses”.
Repeal
28.  Sections 99 to 102 (inclusive) of the Principal Act are repealed.
Transmission of depositions etc. to Director of Public Prosecutions
29.  Section 106 of the Principal Act is amended by omitting from subsection (1) “recognizances” and substituting “bail undertakings”.
Appeals to which this Division applies
30.  Section 208 of the Principal Act is amended by omitting paragraphs (1) (g) and (ga) and substituting the following word and paragraph:
	“; and (g)	an appeal, by the person against whom the order is made, from an order for commitment made by the Magistrates Court under Division 5 of Part IX.”.
Repeal
31.  Section 214A of the Principal Act is repealed.
Stay of execution pending appeal in certain cases
32.  Section 216 of the Principal Act is amended—
	(a)	by omitting from subsection (1) all the words after “cause,” and substituting “be granted bail in accordance with the provisions of the Bail Act 1992.”; and
	(b)	by omitting subsection (2).
Security for costs and stay of execution
33.  Section 219D of the Principal Act is amended by omitting from paragraph (1) (c) all the words after “cause,” and substituting “grant the appellant bail in accordance with the provisions of the Bail Act 1992; and”.
Repeal of Division 3A of Part XI
34.  Division 3A of Part XI of the Principal Act is repealed.
Repeal
35.  Section 220 of the Principal Act is repealed.
Power of Court or Judge to admit to bail
36.  Section 226 of the Principal Act is amended by omitting from subsection (1) all the words after “may” and substituting “admit the person to bail in accordance with the provisions of the Bail Act 1992.”.
Repeal of Part XIIIA
37.  Part XIIIA of the Principal Act is repealed.
Recovery of sum due under security
38.  Section 250 of the Principal Act is amended by inserting “or the Bail Act 1992” after “Act”.
Sums paid by surety may be recovered from principal
39.  Section 252 of the Principal Act is amended by inserting “or the Bail Act 1992” after “Act”.
Payment enforced by security
40.  Section 253 of the Principal Act is amended by inserting “or the Bail Act 1992” after “Act”.
Enforcement of recognizance
41.  Section 254 of the Principal Act is amended—
	(a)	by omitting subsection (1) and substituting the following subsection:
“(1)  Where—
	(a)	a witness or a person sought to be made a witness has entered into a recognizance for the purposes of this Act; and
	(b)	the Court is satisfied that the witness or person sought to be made a witness has failed to comply with a condition of the recognizance;
the Court may declare the recognizance to be forfeited and may make an order that the witness or person sought to be made a witness pay the whole or a part of the sum in which he or she is bound under the recognizance.”;
	(b)	by omitting from paragraph (2) (a) all the words after “forfeited” and substituting “under subsection (1); and”;
	(c)	by inserting in subsection (4) “or under subsection 36 (1) of the Bail Act 1992” after “subsection (1) or (2)”; and
	(d)	by inserting in paragraph (4) (b) “of this section” after “subsection (1)”.
First Schedule
42.  The First Schedule to the Principal Act is amended by omitting Forms 23, 24, 25, 26, 27, 29, 32, 32A, 32B and 77.
PART IV—AMENDMENTS OF OTHER ACTS
Consequential amendments of other Acts
43.  The Acts specified in the Schedule are amended as set out in the Schedule.

	SCHEDULE	Section 43

AMENDMENTS OF OTHER ACTS
Children’s Services Act 1986
Section 37—
Repeal the section.
Section 64—
	(a)	Omit subparagraph (2)(a)(ii), substitute the following subparagraph:
	“(ii)	release the child on bail in accordance with the provisions of the Bail Act 1992;”.
	(b)	Omit subsection (3).
Subsection 168 (4)—
Omit “entering into a recognizance”, substitute “giving an undertaking”.
Credit Act 1985
Paragraph 161 (3) (b)—
Omit all the words after “application”, substitute “at liberty on bail in respect of an offence, or alleged offence, in the Territory or elsewhere involving fraud or dishonesty; or”.
Domestic Violence Act 1986
Part III—
Repeal the Part.
Interpretation Act 1967
Subsection 14 (1) (definition of “committed for trial”)—
Omit “a recognizance”, substitute “an undertaking”.
Police Act 1927
Subsection 24 (1)—
Omit all the words after “secured”, substitute:
“until—
	(a)	he or she can be brought before a magistrate to be dealt with according to law; or
	(b)	he or she is set at liberty on bail in accordance with the provisions of the Bail Act 1992”.
Subsections 24 (2) to (7) (inclusive)—
Omit the subsections.
[Presentation speech made in Assembly on 9 April 1992]

© Australian Capital Territory 1992