2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Ms Meredith Hunter)
Bail Amendment Bill 2012

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Arrest without warrant of person on bail
New section 56A (2A) and (2B)	2
	5	Section 56A (3)	3

2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Ms Meredith Hunter)
Bail Amendment Bill 2012

A Bill for
An Act to amend the Bail Act 1992

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Bail Amendment Act 2012.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Bail Act 1992.
4	Arrest without warrant of person on bail
New section 56A (2A) and (2B)
insert
	(2A)	However, a police officer may arrest a child under subsection (2) only if the police officer believes on reasonable grounds that the arrest is—
	(a)	in the best interests of the child; and
	(b)	in accordance with the principles in the Children and Young People Act 2008, section 94 (Youth justice principles).
Note	The Human Rights Act 2004, s 40B also deals with how police officers must consider human rights in making decisions.
	(2B)	If a police officer does not arrest a child under subsection (2) because of a belief under subsection (2A), the police officer may refer the child to any relevant service the police officer considers appropriate.
Example—relevant service
after-hours bail support service
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
5	Section 56A (3)
omit
the person
substitute
a person arrested under this section

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 9 May 	2012.
2	Notification
	Notified under the Legislation Act on	2012.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2012