Page 5201 - Week 16 - Thursday, 28 November 1991
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BAIL (CONSEQUENTIAL AMENDMENTS) BILL 1991
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (11.04): I present the Bail (Consequential Amendments) Bill 1991. I move:
That this Bill be agreed to in principle.
The Bail (Consequential Amendments) Bill 1991 is cognate with the Bail Bill 1991, which I have just introduced. It makes a series of amendments to other Territory Acts which affect or refer to bail, to ensure that there are no provisions elsewhere which may conflict with the proposed bail legislation. In particular, the amendments insert terminology which is consistent with that proposed in the Bail Bill. For example, the old, arcane word "recognisance" will be replaced with the term "bail undertaking" when used in connection with bail granted to an accused person.
Express references to the proposed Bail Act are inserted where needed. The Bill also repeals bail provisions wherever they occur in other Acts. The proposed Bail Act is intended to be the principal source of bail law and will replace all the repealed provisions. The main Acts affected are the Crimes Act 1900 of New South Wales as it applies in the Territory, shortly to have its name shortened; the Magistrates Court Act 1930; the Domestic Violence Act 1986; and the Children's Services Act 1986 - all of which currently contain extensive provisions dealing with bail.
There is also a transitional provision which applies the existing law to persons released on bail before the new legislation comes into force. It is for this reason that section 358AI of the Crimes Act, which makes it an offence to breach bail, remains in place for the time being. Clause 46 of the Bail Bill, which proposes the same offence, will not apply to those persons.
The provisions in this Bill are necessary to give full effect to the proposed Bail Bill. They are technical and do not make any substantive changes to the law which are not already proposed in the Bail Bill. I commend the Bill to the members of this Assembly and present the explanatory memorandum for the Bill.
Debate (on motion by Mr Stefaniak) adjourned.
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