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CLAUSE NOTES
Terrorism (Restrictions on Bail and Parole) Bill 2017
PART 1 - PRELIMINARY
Clause 1: Short title
Clause 1 cites the Act as the Terrorism (Restrictions on Bail and Parole) Act 2017.
Clause 2: Commencement
Clause 2 provides for the provisions of the Act to commence on a day or days to be
proclaimed.
PART 2 – BAIL ACT 1994 AMENDED
Clause 3: Principal Act
Clause 3 provides that in Part 2, the Principal Act to which the amendments apply is the
Bail Act 1994.
Clause 4: Part 1A inserted
Clause 4 inserts Part 1A into the Bail Act 1994.
Part 1A provides for several matters relating to bail for terrorism-linked persons.
New section 4A provides definitions, including defining the term ‘terrorism-linked
person’ to mean a person who has been convicted of a terrorism offence, or a person
who is subject to a control order.
New section 4B limits the circumstances in which a terrorism-linked person can be
admitted to bail. It provides that a terrorism-linked person must not be admitted to bail
except by a judge or magistrate who is satisfied that there are exceptional circumstances.
New section 4C provides powers for police officers to arrest, in certain circumstances,
terrorism-linked persons who have been admitted to bail. Section 4C also provides that
where such a person is arrested their bail is suspended, and if the person is later released
unconditionally the suspension no longer applies.
New section 4D provides discretionary powers for a judge, magistrate or court to make
orders in relation to bail proceedings for a terrorism-linked person, or a person who is
alleged to be a terrorism-linked person. These powers allow for orders to be made for
proceedings to be heard in a closed court, to limit who can be present during
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proceedings, and to prohibit the publication of certain information relating to the
proceedings.
PART 3 – CORRECTIONS ACT 1997 AMENDED
Clause 5: Principal Act
Clause 5 provides that in Part 3 the Principal Act to which the amendments apply is the
Corrections Act 1997.
Clause 6: Section 72 amended (Release on parole)
Clause 6 amends section 72 by inserting subsection (1A) into the Corrections Act 1997.
Subsection (1A) provides that the Parole Board must notify the Commissioner of Police 7
days before the Board considers whether to release a prisoner on parole.
Clause 7: Part 8, Division 2A inserted
Clause 7 inserts Division 2A into Part 8 of the Corrections Act 1997.
New section 83AA provides a number of definitions relevant to parole for prisoners who
have, or who are alleged to have, links to terrorism. It defines ‘terrorism-linked prisoner’
to mean a prisoner who has been convicted of a terrorism offence, or who is subject to
a control order. It also sets out the meanings of ‘terrorist act’ and ‘a prisoner promoting
a terrorist act’ for the purposes of Division 2A.
New section 83AB provides that the Parole Board must not release a prisoner on parole
if the Board is satisfied that the prisoner is a terrorism-linked prisoner, or the prisoner
has promoted a terrorist act. However, new section 83AB permits the Board to release a
prisoner who falls within these categories if the Board is satisfied that there are
exceptional circumstances.
New section 83AC requires the Parole Board to revoke a prisoner’s parole if satisfied of
certain matters.
New section 83AD provides circumstances in which the Parole Board must exercise its
powers to issue a warrant in relation to a prisoner released on parole. New section 83AD
also provides powers for police officers to arrest, in certain circumstances, a prisoner who
has been released on parole.
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New section 83AE provides an express power for the Board to receive and take into
account relevant information provided by a Commonwealth, State, or Territory agency
or body.
New section 83AE also provides powers for the Board and courts to make orders in
relation to parole proceedings, including powers to limit or prevent access to
proceedings, and powers to limit or prevent the publication of certain information.
Clause 8: Section 92A inserted
Clause 8 inserts new section 92A into the Corrections Act 1997.
New section 92A provides that the amendments that the Act makes to the Corrections
Act 1997 apply to prisoners whether or not the prisoner is released on parole before or
after the commencement of the provision. New section 92A also provides that the new
provisions apply to an application for the release from prison on parole of a prisoner,
regardless of whether the application was made before or after the commencement of
the provision.
PART 4 – CONCLUDING PROVISION
Clause 9: Repeal of Act
Clause 9 inserts a repeal provision to remove the empty shell of the Bill after its provisions
have come into effect.
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