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CRIMINAL JUSTICE LEGISLATION AMENDMENT BILL 2011

Serial 173
Criminal Justice Legislation Amendment Bill 2011
Ms Lawrie

A Bill for an Act to amend legislation relating to criminal justice

NORTHERN TERRITORY OF AUSTRALIA

CRIMINAL JUSTICE LEGISLATION AMENDMENT ACT 2011

____________________

Act No. [ ] of 2011

____________________

Table of provisions

Part XII Transitional matter for Criminal Justice Legislation Amendment Act 2011

69 Savings – exemption under section 11

NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2011

____________________

An Act to amend legislation relating to criminal justice

[Assented to [ ] 2011]

[Second reading [ ] 2011]

The Legislative Assembly of the Northern Territory enacts as follows:

Part 1 Preliminary matters
1 Short title

This Act may be cited as the Criminal Justice Legislation Amendment Act 2011.

2 Commencement

This Act commences on the day fixed by the Administrator by Gazette notice.

Part 2 Amendment of Bail Act
3 Act amended

This Part amends the Bail Act.

4 Section 8 amended

Section 8(1)(b)

omit

section 5(1)(b) of the Criminal Law (Conditional Release of Offenders) Act or

5 Section 33 amended

(1) Section 33(3)

omit, insert

(3) The person charged may apply to a magistrate or justice for a review under this section of any of the following matters:

(a) a decision by an authorised member to refuse to grant bail to the person;

(b) a failure of an authorised member to determine whether or not to grant bail to the person within 4 hours after the person was charged;

(c) a determination by an authorised member to grant bail to the person subject to conditions (other than a bail undertaking) with which:

(i) the person is unable or unwilling to comply; or

(ii) the person is unable or unwilling to arrange for another person to comply.

(2) Section 33(5)

omit, insert

(5) If a person who may make an application under subsection (3) for a matter has not done so, a magistrate or justice may, at the initiative of the magistrate or justice, review that matter.

(6) In reviewing a matter under subsection (3) or (5), a magistrate or justice must:

(a) for a matter mentioned in subsection (3)(a) or (c):

(i) review the decision or determination; and

(ii) confirm or vary the decision or determination (including varying or imposing conditions of bail for the person); or

(b) for a matter mentioned in subsection (3)(b) – determine whether or not to grant bail to the person (including imposing conditions of bail if bail is to be granted).

(7) The magistrate or justice:

(a) must give the person, his or her legal representative and the authorised member reasonable opportunity to make submissions for subsection (6); and

(b) may make any order for exercising the power of the magistrate or justice under this section.

6 Section 34 amended

Section 34, after "Except as"

insert

provided in section 33 or

Part 3 Amendment of Child Protection (Offender Reporting and Registration) Act
7 Act amended

This Part amends the Child Protection (Offender Reporting and Registration) Act.

8 Section 19A amended

Section 19A(2), penalty provision

omit

2 years

insert

5 years

9 Section 48 amended

Section 48(1), penalty provision

omit

2 years

insert

5 years

10 Section 49 amended

Section 49, penalty provision

omit

2 years

insert

5 years

11 Section 83 amended

Section 83(1), penalty provision

omit

2 years

insert

5 years

12 Section 92 amended

Section 92(1), penalty provision

omit

2 years

insert

5 years

Part 4 Amendment of Criminal Code
13 Act amended

This Part amends the Criminal Code.

14 Section 42 repealed

Section 42

repeal

Part 5 Amendment of Juries Act
15 Act amended

This Part amends the Juries Act.

16 Section 11 amended

Section 11(2)

omit

65

insert

70

17 Part XII inserted

After section 68

insert

Part XII Transitional matter for Criminal Justice Legislation Amendment Act 2011

69 Savings – exemption under section 11

An exemption in force under section 11(2) immediately before the commencement of the amendment of that section by the Criminal Justice Legislation Amendment Act 2011 continues to have effect as if that amendment had not been made.

Part 6 Amendment of Parole of Prisoners Act
18 Act amended

This Part amends the Parole of Prisoners Act.

19 Section 5 amended

(1) Section 5(8A)

omit

in pursuance of a direction given under section 5(1)(b) of the Criminal Law (Conditional Release of Offenders) Act or

insert

under

(2) Section 5(8B)

omit

section 6 of the Criminal Law (Conditional Release of Offenders) Act or

Part 7 Other matters
20 Expiry of Act

This Act expires the day after it commences.

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