Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (TERRORISM) ACT 2018 (NO. 32 OF 2018) - SECT 84

After section 4 of the Bail Act 1977 insert —

        " 4AA     When 2 step tests apply

    (1)     The step 1—exceptional circumstances test applies to a decision of whether to grant bail to a person accused of a Schedule 1 offence.

    (2)     The step 1—exceptional circumstances test also applies to a decision of whether to grant bail to a person accused of a Schedule 2 offence if—

        (a)     the person has a terrorism record; or

        (b)     the court considering whether to grant bail determines under section 8AA that there is a risk that the person will commit a terrorism or foreign incursion offence; or

        (c)     the offence is alleged to have been committed—

              (i)     while the accused was on bail for any Schedule 1 offence or Schedule 2 offence; or

              (ii)     while the accused was subject to a summons to answer to a charge for any Schedule 1 offence or Schedule 2 offence; or

              (iii)     while the accused was at large awaiting trial for any Schedule 1 offence or Schedule 2 offence; or

              (iv)     during the period of a community correction order made in respect of the accused for any Schedule 1 offence or Schedule 2 offence; or

              (v)     while the accused was otherwise serving a sentence for any Schedule 1 offence or Schedule 2 offence; or

              (vi)     while the accused was released under a parole order made in respect of any Schedule 1 offence or Schedule 2 offence; or

        (d)     the offence is an offence of conspiracy to commit, incitement to commit or attempting to commit an offence in a circumstance set out in paragraph (c).

    (3)     The step 1—show compelling reason test applies to a decision of whether to grant bail to a person accused of a Schedule 2 offence if subsection (2) does not apply.

    (4)     The step 1—show compelling reason test also applies to a decision of whether to grant bail to a person accused of an offence that is neither a Schedule 1 offence nor a Schedule 2 offence if—

        (a)     the person has a terrorism record; or

        (b)     the court considering whether to grant bail determines under section 8AA that there is a risk that the person will commit a terrorism or foreign incursion offence.

Note

Section 4E sets out the unacceptable risk test. In circumstances where a step 1 test applies, section 4D provides that the unacceptable risk test will apply as a step 2 test. However, under section 4E, the unacceptable risk test applies even in circumstances where no step 1 test applies.".