Database of Legislation

15AA Bail not to be granted in certain cases

(1) Despite any other law of the Commonwealth, a bail authority must not grant bail to a person (the defendant) charged with, or convicted of, an offence covered by subsection (2) unless the bail authority is satisfied that exceptional circumstances exist to justify bail.

(2) This subsection covers:

(a) a terrorism offence (other than an offence against section 102.8 of the Criminal Code); and

(b) an offence against a law of the Commonwealth, if:

(i) a physical element of the offence is that the defendant engaged in conduct that caused the death of a person; and
(ii) the fault element for that physical element is that the defendant intentionally engaged in that conduct (whether or not the defendant intended to cause the death, or knew or was reckless as to whether the conduct would result in the death); and

(c) an offence against a provision of Division 80 (treason, urging violence and advocating terrorism or genocide) or Division 91 (espionage) of the Criminal Code if:

(i) the death of a person is alleged to have been caused by conduct that is a physical element of the offence; or
(ii) conduct that is a physical element of the offence carried a substantial risk of causing the death of a person; and

(d) an ancillary offence against a provision of Division 80 (treason, urging violence and advocating terrorism or genocide) or Division 91 (espionage) of the Criminal Code if, had the defendant engaged in conduct that is a physical element of the primary offence to which the ancillary offence relates, there would have been a substantial risk that the conduct would have caused the death of a person; and

(e) an offence against subsection 92.2(1) or 92.3(1) (intentional or reckless offence of foreign interference), if:

(i) the death of a person is alleged to have been caused by conduct that is a physical element of the offence; or
(ii) conduct that is a physical element of the offence carried a substantial risk of causing the death of a person.