2012 No 330

New South Wales

Evidence (Audio and Audio Visual Links) Amendment (Bail Matters) Regulation 2012
under the

Evidence (Audio and Audio Visual Links) Act 1998

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Evidence (Audio and Audio Visual Links) Act 1998.

GREG SMITH, MP Attorney General

Explanatory note
In most cases, an accused detainee who is charged with an offence is required to appear physically before a court in first appearance bail proceedings. However, section 5BA (2) of the Evidence (Audio and Audio Visual Links) Act 1998 provides an exemption from this requirement in respect of bail proceedings that occur during a weekend or on a public holiday or that relate to an accused detainee who is being held in custody at a place prescribed by the regulations. The object of this Regulation is to provide that an accused detainee who is being held at the police cells at Penrith Police Station or certain specified juvenile detention centres on any of the days of the Local Court of NSW Annual Conference (to be held on 1, 2 and 3 August 2012) will be exempt from the requirement to appear physically before the court in first appearance bail proceedings occurring on those days. This Regulation is made under the Evidence (Audio and Audio Visual Links) Act 1998, including sections 5BA (2) and 22 (the general regulation-making power).

Published LW 20 July 2012

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2012 No 330
Clause 1

Evidence (Audio and Audio Visual Links) Amendment (Bail Matters) Regulation 2012

Evidence (Audio and Audio Visual Links) Amendment (Bail Matters) Regulation 2012
under the

Evidence (Audio and Audio Visual Links) Act 1998
1 Name of Regulation

This Regulation is the Evidence (Audio and Audio Visual Links) Amendment (Bail Matters) Regulation 2012.
2 Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

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Evidence (Audio and Audio Visual Links) Amendment (Bail Matters) Regulation 2012 Amendment of Evidence (Audio and Audio Visual Links) Regulation 2010

2012 No 330
Schedule 1

Schedule 1
Clause 6

Amendment of Evidence (Audio and Audio Visual Links) Regulation 2010

Insert after clause 5:
6 Exemption from requirement to appear physically in bail proceedings during Local Court of NSW Annual Conference 2012

(1)

The following places are prescribed for the purposes of section 5BA (2) of the Act: (a) the cells at Penrith Police Station, 317 High Street, Penrith, (b) Acmena Juvenile Justice Centre, Grafton, (c) Cobham Juvenile Justice Centre, St Marys, (d) Frank Baxter Juvenile Justice Centre, Kariong, (e) Juniperina Juvenile Justice Centre, Lidcombe, (f) Orana Juvenile Justice Centre, Dubbo, (g) Reiby Juvenile Justice Centre, Airds, (h) Riverina Juvenile Justice Centre, Wagga Wagga. Subclause (1) has effect only in relation to 1, 2 or 3 August 2012.

(2)

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