Crimes Act 1914

Part IA - General  

SECTION 15AB   Matters to be considered in certain bail applications  

(1)    
In determining whether to grant bail to a person charged with, or convicted of, an offence against a law of the Commonwealth or the Northern Territory, or in determining conditions to which bail granted to such a person should be subject, a bail authority:

(a)    must take into consideration the potential impact of granting bail on:

(i) any person against whom the offence is, or was, alleged to have been committed; and

(ii) any witness, or potential witness, in proceedings relating to the alleged offence, or offence; and

(b)    must not take into consideration any form of customary law or cultural practice as a reason for:

(ii) excusing, justifying, authorising, requiring or lessening the seriousness of the alleged criminal behaviour to which the alleged offence relates, or the criminal behaviour to which the offence relates; or

(ii) aggravating the seriousness of the alleged criminal behaviour to which the alleged offence relates, or the criminal behaviour to which the offence relates.

(2)    
If a person referred to in subparagraph (1)(a)(i) or (ii) is living in, or otherwise located in, a remote community, the bail authority must also take into consideration that fact in considering the potential impact of granting bail on that person.

(3)    
In paragraph (1)(b) :

criminal behaviour
includes:

(a) any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and

(b) any fault element relating to such a physical element.

(3A)    
Paragraph (1)(b) does not apply in relation to an offence against the following:

(a)    section 22 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 ;

(b)    sections 15A, 15C, 17B, 22A, 27A, 74AA, 142A, 142B, 207B, 354A, 355A and 470 of the Environment Protection and Biodiversity Conservation Act 1999 ;

(c)    

section 48 of the Aboriginal Land and Waters (Jervis Bay Territory) Act 1986 ;

(d)    sections 69 and 70 of the Aboriginal Land Rights (Northern Territory) Act 1976 ;

(e)    section 30 of the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987 ;

(f)    

sections 33, 34 and 35 of the Northern Territory Aboriginal Sacred Sites Act 1989 (NT);

(g) (Repealed by No 63 of 2023)

(h)    

section 4 of the Aboriginal Land Act 1978 (NT);

(i)    

sections 111, 112 and 113 of the Heritage Act 2011 (NT);

(j)    any other law prescribed by the regulations that relates to:

(i) entering, remaining on or damaging cultural heritage; or

(ii) damaging or removing a cultural heritage object.

(4)    
To avoid doubt, except as provided by subsections (1) , (2) and (3A) , this section does not affect:

(a)    any other matters that a bail authority must, must not or may take into consideration in determining whether to grant bail or in determining conditions to which bail should be subject; or

(b)    the operation of a law of a State or a Territory.

Note:

Subsections (1) and (2) indirectly affect laws of the States and Territories because they affect section 68 of the Judiciary Act 1903 .