South Australian Current Acts

BAIL ACT 1985 - SECT 3B

3B—Terror suspects

        (1)         A person is a "terror suspect" for the purposes of a bail application or bail agreement under this Act if—

            (a)         the bail application or bail agreement does not relate to a terrorist offence under a law of the Commonwealth; and

            (b)         the person—

                  (i)         is charged with a terrorist offence; or

            (ia)         has previously been convicted of a terrorist offence or charged before a court with a terrorist offence; or

                  (ii)         is the subject of a terrorism notification; or

                  (iii)         is, or has previously been, the subject of a control order under Part 5.3 of the Commonwealth Criminal Code.

Note—

If the bail application or bail agreement relates to a terrorist offence under a law of the Commonwealth, see section 15AA of the Crimes Act 1914 of the Commonwealth.

        (2)         A person—

            (a)         is "charged" with a terrorist offence for the purposes of subsection (1)(b)(i) if the person is currently charged with a terrorist offence, whether that charge was laid by police or another law enforcement or prosecution authority; and

            (b)         has previously been "charged before a court" with a terrorist offence for the purposes of subsection (1)(b)(ia) if an information or other initiating process charging the person with the terrorist offence has previously been filed in a court.