New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
Insert in section 3 (1), in alphabetical order:
"Bail" has the same meaning as it has in the Bail Act 1978 .
Omit ", whether on recognizances or not" from section 25 (1).
Omit section 31 (2). Insert instead:
(2) The Justice or Justices before whom a person is brought after having been apprehended under a warrant referred to in subsection (1) or section 26:(a) subject to the Bail Act 1978 , must order that a warrant be issued for the committal of the person to a correctional centre or other place of security, and(b) must order the person to be brought before the Justice or Justices at such time and place as is specified in the order, and(c) must give due notice to the informant or complainant of the time and place so specified.
(3) A warrant under this section may be issued by any Justice.
(4) The Bail Act 1978 applies to the person (not being an accused person) in the same way as it applies to an accused person and, for that purpose, bail may be granted to the person with respect to the period between:(a) the person's being brought before the Justice or Justices under a warrant for the purpose of being examined as a witness or producing a document or thing, and(b) the person's being examined as a witness or producing the document or thing.
Omit the Subdivision.
Omit section 66 (2). Insert instead:
(2) The Justice or Justices before whom a person is brought after having been apprehended under a warrant referred to in subsection (1), section 61 or 80AA:(a) subject to the Bail Act 1978 , must order that a warrant be issued for the committal of the person to a correctional centre or other place of security, and(b) must order the person to be brought before the Justice or Justices at such time and place as is specified in the order, and(c) must give due notice to the informant or complainant of the time and place so specified.
(3) A warrant under this section may be issued by any Justice.
(4) The Bail Act 1978 applies to the person (not being an accused person) in the same way as it applies to an accused person and, for that purpose, bail may be granted to the person with respect to the period between:(a) the person's being brought before the Justice or Justices under a warrant for the purpose of being examined as a witness or producing a document or thing, and(b) the person's being examined as a witness or producing the document or thing.
Omit the section. Insert instead:
69 How defendant to be dealt with during adjournment(1) Subject to the Bail Act 1978 , the Justice or Justices by whom a hearing is adjourned under section 65 or 68:(a) in the case of any defendant, whether or not an accused person, may order that a warrant be issued for the committal of the defendant to a correctional centre or other place of security, or(b) in the case of a defendant who is not an accused person, may allow the defendant to be at large,for the period of the adjournment.(2) A warrant under this section may be issued by any Justice.(3) At any time during the period of adjournment, any Justice may order that a defendant who has been committed to a correctional centre or other place of security be brought before that or any other Justice or Justices.(4) The person having the custody of a defendant in respect of whom such an order is made must comply with the requirements of the order.(5) The Bail Act 1978 applies to the defendant (not being an accused person) in the same way as it applies to an accused person and, for that purpose, bail may be granted to the defendant with respect to the period of the adjournment.
Omit the Subdivision.
Insert at the end of section 100C:
(2) This Part does not apply to a forfeiture order within the meaning of Part 7A of the Bail Act 1978 .
Omit the section.
Omit section 102A (2).
Omit "subclause (1) or (2)". Insert instead "subsection (1)".
Omit "subject to the appellant entering into the recognizance mentioned in subsection (1) of section 102".
Insert "(or, in relation to an apprehended violence order under Part 15A of the Crimes Act 1900 , to the person against whom the order has been made)" after "appeal is made" in section 107 (2) (as inserted by the Justices Legislation Amendment (Appeals) Act 1998 ).
Omit the section.
Omit ", for the finding of sureties or for the entering into of recognizances" from section 121B (1) (a).
Omit section 122 (5).
Omit the section. Insert instead:
123 Conditions on which execution of sentence stayed(1) The execution of a sentence imposed as a consequence of a conviction, or of any other order, is stayed:(a) if an application for statement of a case is duly made within the time specified in section 101 (1), or(b) if notice of appeal is duly given within the time specified in section 122.(2) Subsection (1) does not apply to a person who is in custody when the application or appeal is made (or, in relation to an apprehended violence order under Part 15A of the Crimes Act 1900 , to the person against whom the order has been made) unless and until the person enters into a bail undertaking in accordance with the Bail Act 1978 , or bail is dispensed with.(3) The stay of execution continues until the matter to which the application or appeal relates is finally determined, subject to any order or direction of the Supreme Court or District Court, as the case requires.(4) Despite subsection (1), any period during which the stay of execution is in force is not to be taken into account when calculating the length of a period of disqualification from holding a driver's licence resulting from a conviction under the Traffic Act 1909 .(5) An application for leave to appeal does not result in a stay of execution under this section.
Omit the section.
Omit the section.
Insert "(or, in relation to an apprehended violence order under Part 15A of the Crimes Act 1900 , to the person against whom the order has been made)" after "appeal is made" in section 127 (2) (as inserted by the Justices Legislation Amendment (Appeals) Act 1998 ).
Omit the Division.
Omit the section.
Omit the section. Insert instead:
153A Persons arrested under bench warrants(1) The Justice or Justices before whom a person is brought after having been apprehended under a bench warrant issued by a Judge of any court in any criminal proceedings:(a) subject to the Bail Act 1978 , must order that a warrant be issued for the committal of the person to a correctional centre or other place of security, and(b) must order the person to be brought before the court out of which the bench warrant was issued in accordance with the terms of the warrant.(2) A warrant under this section may be issued by any Justice.(3) The Bail Act 1978 applies to the person (not being an accused person) in the same way as it applies to an accused person and, for that purpose, bail may be granted to the person with respect to the period between:(a) the person's being committed under this section, and(b) the person's being brought before the court out of which the bench warrant was issued.
Omit "or in respect of any recognizance or security taken in pursuance of section 153" from section 154 (1) (a).
Omit the paragraph.
Insert at the end of the Schedule, with appropriate Part and clause numbers:
Definitions In this Part:
"the amended 1954 Act" means the Forfeited Recognizances and Bail Act 1954 , as in force immediately before its amendment by the 1998 amending Act.
"the 1998 amending Act" means the Criminal Procedure Legislation Amendment (Bail Agreements) Act 1998 .
Application of sections 31, 66 and 153A The provisions of sections 31, 66 and 153A, as amended by the 1998 amending Act, apply to and in respect of any warrant issued before the commencement of those provisions in the same way as they apply to and in respect of any warrant issued after that commencement.
Application of section 69 The provisions of section 69, as amended by the 1998 amending Act, apply to and in respect of any hearing that began before the commencement of those provisions in the same way as they apply to and in respect of any hearing that begins after that commencement.
Continuation of certain recognizances(1) The provisions of:(a) Subdivision 8 of Division 1 of Part 4 of the Justices Act 1902 , and(b) the amended 1954 Act,continue to apply to a recognizance entered into under section 49 of the Justices Act 1902 before the repeal of that section by the 1998 amending Act as if the 1998 amending Act had not been enacted.(2) The provisions of:(a) Subdivision 9 of Division 2 of Part 4 of the Justices Act 1902 , and(b) the amended 1954 Act,continue to apply to a recognizance entered into under section 96 of the Justices Act 1902 before the repeal of that section by the 1998 amending Act as if the 1998 amending Act had not been enacted.(3) The provisions of:(a) sections 102 and 131B of the Justices Act 1902 , and(b) the amended 1954 Act,continue to apply to a recognizance entered into under section 102 of the Justices Act 1902 before the repeal of that section by the 1998 amending Act as if the 1998 amending Act had not been enacted.(4) The provisions of:(a) sections 123 and 131B of the Justices Act 1902 , and(b) the amended 1954 Act,continue to apply to a recognizance entered into under section 123 of the Justices Act 1902 before the substitution of that section by the 1998 amending Act as if the 1998 amending Act had not been enacted.(5) The provisions of:(a) sections 125A and 131B of the Justices Act 1902 , and(b) the amended 1954 Act,continue to apply to a recognizance entered into under section 125A of the Justices Act 1902 before the repeal of that section by the 1998 amending Act as if the 1998 amending Act had not been enacted.(6) The provisions of:(a) section 153A of the Justices Act 1902 , and(b) the amended 1954 Act,continue to apply to a recognizance entered into under section 153A of the Justices Act 1902 before the substitution of that section by the 1998 amending Act as if the 1998 amending Act had not been enacted.
Stay of execution under section 123 or 125A(1) Any stay of execution that was in force under section 123, immediately before its substitution by the 1998 amending Act, is unaffected by that substitution.(2) Any stay of execution that was in force under section 125A, immediately before its repeal by the 1998 amending Act, is unaffected by that repeal.
Application of section 40 of Coroners Act 1980 The provisions of:(a) section 40 of the Coroners Act 1980 , and(b) the amended 1954 Act,continue to apply to a recognizance entered into under section 40 of the Coroners Act 1980 before the substitution of that section by the 1998 amending Act as if the 1998 amending Act had not been enacted.
Application of section 72 of Local Courts (Civil Claims) Act 1970 The provisions of:(a) section 72 of the Local Courts (Civil Claims) Act 1970 , and(b) the amended 1954 Act,continue to apply to a recognizance entered into under section 72 of the Local Courts (Civil Claims) Act 1970 before the amendment of that section by the 1998 amending Act as if the 1998 amending Act had not been enacted.
Application of section 17A of Inebriates Act 1912 The provisions of section 17A of the Inebriates Act 1912 , as inserted by the 1998 amending Act, apply to and in respect of any recognizance entered into before the commencement of those provisions in the same way as they apply to and in respect of any recognizance entered into after that commencement.
Application of section 31 (4) of Protected Estates Act 1983 The provisions of section 31 of the Protected Estates Act 1983 , as amended by the 1998 amending Act, apply to and in respect of any bond or recognizance given or entered into before the commencement of those provisions in the same way as they apply to and in respect of any bond given after that commencement.
Regulations(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Criminal Procedure Legislation Amendment (Bail Agreements) Act 1998 .(2) Such a provision may, if the regulations so provide, take effect from the date of assent to that Act or a later day.(3) To the extent to which such a provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of that publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of that publication.