Counter-Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019 (119 of 2019)

Schedule 1   Restrictions on bail and parole

Part 1   Amendments

Crimes Act 1914

8   Subsection 15AA(3A)

Repeal the subsection, substitute:

Determining exceptional circumstances in relation to persons under 18 years of age

(3AA) In determining whether exceptional circumstances exist to justify granting bail to a person who is under 18 years of age, without limiting the matters the bail authority may have regard to,the bail authority must have regard to:

(a) the protection of the community as the paramount consideration; and

(b) the best interests of the person as a primary consideration.

Appealing decisions of bail authority

(3A) Despite any law of the Commonwealth, the Director of Public Prosecutions, or a person covered by subsection (2) or (2A), may appeal against a decision of a bail authority:

(a) to grant bail to a person covered by subsection (2) or (2A) on the basis that the bail authority is satisfied that exceptional circumstances exist; or

(b) to refuse to grant bail to a person covered by subsection (2) or (2A) on the basis that the bail authority is not satisfied that exceptional circumstances exist.