Short title	Number and year	Assent	Commencement	Miscellaneous
Bail Act 1982	86 of 1982	18 November 1982	6 February 1989 (see section 2 and Gazette 27 January 1989 p.263)
Acts Amendment (Abolition of Capital Punishment) Act 1984, Part III	52 of 1984	5 September 1984	3 October 1984
Bail Amendment Act 1984	74 of 1984	29 November 1984	6 February 1989 (see section 2 and Gazette 27 January 1989 p.263)	Sections 10 and 11 repealed by Bail Amendment Act 1988 (No. 15 of 1988 section 20)
Bail Amendment Act 1988	15 of 1988	6 September 1988	6 February 1989 (see section 2 and Gazette 27 January 1989 p.263)
Acts Amendment (Children's Court) Act 1988, Part 13	49 of 1988	22 December 1988	1 December 1989 (see section 2 and Gazette 24 November 1989 p.4327)
Criminal Law Amendment Act 1988, Part 4	70 of 1988	15 December 1988	6 February 1989 (see section 2(2)(b) and Gazette 27 January 1989 p.263)
Justices Amendment Act 1989, section 18 (item 1 of Schedule)	33 of 1989	22 December 1989	1 June 1991 (see section 2 and Gazette 17 May 1991 p.2455)
Community Corrections Legislation Amendment Act 1990, Part 2	61 of 1990	17 December 1990	3 April 1991 (see section 2 and Gazette 22 March 1991 p.1209)
Child Welfare Amendment Act (No. 2) 1990, section 15	83 of 1990	22 December 1990	1 August 1991 (see section 2 and Gazette 1 August 1991 p.3983)
Children's Court of Western Australia Amendment Act (No. 2) 1991, section 21	15 of 1991	21 June 1991	9 August 1991 (see section 2(2) and Gazette 9 August 1991 p.4101)
Acts Amendment (Sexual Offences) Act 1992, Part 3	14 of 1992	17 June 1992	1 August 1992 (see section 2 and Gazette 28 July 1992 p.3671)
Acts Amendment (Ministry of Justice) Act 1993, Part 3	31 of 1993	15 December 1993	Deemed operative 1 July 1993 (see section 2)	Part 19: transitional 2
Criminal Procedure Amendment Act 1993, Part 2	45 of 1993	20 December 1993	Sections 7, 8, 9, 10(2)(b): 4 March 1994 (see section 2 and Gazette 4 March 1994 p. 915); balance: 17 January 1994 (see section 2(2))	Section 13 : transitional 3
Criminal Law Amendment Act 1994, section 13(1) and (2)	82 of 1994	23 December 1994	20 January 1995 (see section 2(2))
Acts Amendment (Fines, Penalties and Infringement Notices) Act 1994, Part 3	92 of 1994	23 December 1994	1 January 1995 (see section 2 and Gazette 30 December 1994 p.7211)
Sentencing (Consequential Provisions) Act 1995, Part 5	78 of 1995	16 January 1996	4 November 1996 (see section 2 and Gazette 25 October 1996 p.5632)
Coroners Act 1996, section 61	2 of 1996	24 May 1996	7 April 1997 (see section 2 and Gazette 18 March 1997 p.1529)
Mental Health (Consequential Provisions) Act 1996, Part 2	69 of 1996	13 November 1996	13 November 1997 (see section 2)
Statutes (Repeals and Minor Amendments) Act 1997, section 21	57 of 1997	15 December 1997	15 December 1997 (see section 2)
Criminal Law Amendment Act (No. 1) 1998, section 4(2)	38 of 1998	25 September 1998	23 October 1998
Bail Amendment Act 1998,	54 of 1998	11 January 1999	Parts 4 and 7 proclaimed 15 May 1999 (see section 2 and Gazette 11 May 1999 p.1905); Parts 2, 3 and 5 (other than section 12) proclaimed 8 March 2000 (see section 2 and Gazette 7 March 2000 p.1039); section 12 proclaimed 1 September 2000 (see section 2 and Gazette 29 August 2000 p.4985); Part 6 proclaimed 4 December 2000 (see section 2 and Gazette 4 December 2000 p.6799).	Section 6(2): transitional 4
Court Security and Custodial Services (Consequential Provisions) Act 1999, Part 3	47 of 1999	8 December 1999	18 December 1999 (see section 2 and Gazette 17 December 1999 pp.6175-6)
Criminal Law Amendment Act 2001 s. 10(1)	23 of 2001	26 November 2001	24 December 2001
Criminal Investigation (Identifying People) Act 2002 s. 96	6 of 2002	4 Jun 2002	20 Nov 2002 (see s. 2 and Gazette 19 Nov 2002 p. 5505)
Criminal Law (Procedure) Amendment Act 2002 Pt. 4 Div. 1	27 of 2002	25 Sep 2002	27 Sep 2002 (see s. 2 and Gazette 27 Sep 2002 p. 4875)
Sentencing Legislation Amendment and Repeal Act 2003 s. 29(3) and 37	50 of 2003	9 Jul 2003	s. 29(3): 31 Aug 2003 (see s. 2 and Gazette 29 Aug 2003 p. 3833) s. 37: 15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445)
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 88, 97, 121 6	65 of 2003	4 Dec 2003	1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722)
Statutes (Repeals and Minor Amendments) Act 2003 s. 29	74 of 2003	15 Dec 2003	15 Dec 2003 (see s. 2)
Criminal Code Amendment Act 2004 s. 24, 26 and 58	4 of 2004	23 Apr 2004	21 May 2004 (see s. 2)

² Part 19 of the Acts Amendment (Ministry of Justice) Act 1993 (No. 31 of 1993) reads as follows ¾

}

68. Savings

If this Act is not passed until after 1 July 1993, anything done after that day but before this Act is passed that would have been in accordance with law if this Act had not come into operation but as a result of the coming into operation of this Act is contrary to law, is deemed to be in accordance with law.

69. Transitional

Unless the contrary intention appears, a reference, however expressed, in any law or document to the former Department of Corrective Services or Crown Law Department, the chief executive officer of either of those departments, or an office or organizational unit within either of those departments, is to be read as a reference to the Ministry of Justice, the chief executive officer of the Ministry of Justice, or the corresponding office or unit within the Ministry of Justice, as is appropriate.

³ Section 13 of the Criminal Procedure Amendment Act 1993 (No. 45 of 1993) reads as follows ¾

}

13. Transitional

(1) The amendments to the principal Act effected by a provision of this Part apply in relation to ¾

(a) a child arrested for any offence; and
(b) a person, other than a child, arrested for a serious offence,
on or after the day on which that provision comes into operation.

(2) In subsection (1) }child~ and }serious offence~ have the same meanings as in the principal Act.

⁴ Section 6(2) of the Bail Amendment Act 1998 (No. 58 of 1998) reads as follows ¾

}

(2) Section 16A inserted by subsection (1) applies to persons arrested for an offence referred to in subsection (2)(a) or (3) of that section on or after the day on which this section comes into operation.

⁵ Footnote no longer applicable.

⁶ The Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 97 reads as follows;

}

97. References to Crown Solicitor

If in a written law or other document or instrument there is a reference to the Crown Solicitor that reference may, where the context so requires, be read as if it had been amended to be a reference to the State Solicitor.

⁷ On the date as at which this compilation was prepared, the Sentencing Legislation Amendment Act 2004 s. 13 had not come into operation. It reads as follows:

}

13. Bail Act 1982 amended

(1) The amendments in this section are to the Bail Act 1982.

(2) Section 3(4)(a) is amended as follows:

(a) by inserting after }79~ ¾
} , 84E ~
(b) by inserting after }imprisonment~ ¾
} or conditional suspended imprisonment ~.
(3) Schedule 1 Part C clause 6(a) is amended as follows:
(a) by inserting after }79~ ¾
} , 84E ~
(b) by inserting after }imprisonment~ ¾
} or conditional suspended imprisonment ~.

⁸ On the date as at which this compilation was prepared, the Children and Community Services Act 2004 s. 251, which gives effect to Sch. 2 cl. 3, had not come into operation. It reads as follows:

}

251. Other Acts amended

Other Acts are amended as set out in Schedule 2.

Schedule 2 cl. 3 reads as follows:

}


Schedule 2 ¾ Amendments to other Acts

3. Bail Act 1982 amended

(1) The amendments in this clause are to the Bail Act 1982.

(2) Section 3(1) is amended in the definition of }authorized community services officer~ in paragraph (d) by deleting }or departmental facility under the Child Welfare Act 1947~.

(3) Schedule 1 Part C is amended in clause 2(3) as follows:

(a) after paragraph (a) by inserting }and~
(b) by deleting paragraph (b) and }and~ after it.

⁹ On the date as at which this compilation was prepared the Acts Amendment (Family and Domestic Violence) Act 2004 Pt. 3 had not come into operation. It reads as follows:

}


Part 3 ¾ The Bail Act 1982 amended
58. Bail Act 1982 amended

The amendments in this Part are to the Bail Act 1982.

59. Section 16A amended

Section 16A(3) is amended by inserting after }arrested~ ¾

} in an urban area ~.

60. Schedule 1 amended

Schedule 1 Part C, clause 3B(6) is amended in paragraph (b) of the definition of }protective condition or order~ by inserting after }order~ ¾

} or a police order ~.

61. Schedule 2 amended

Schedule 2 item 2b is amended by inserting after the item commencing }s. 61(1)~ the following item ¾

}

s. 61(2a)

Breach of a police order

¹⁰ On the date as at which this compilation was prepared the Acts Amendment (Court of Appeal) Act 2004 s. 28 had not come into operation. It reads as follows:

}

28. Bail Act 1982 amended

(1) The amendments in this section are to the Bail Act 1982.

(2) Section 52(2)(a) is deleted and the following paragraphs are inserted instead ¾

}
(a) by a judge of the Supreme Court in any case where the defendant was bound to appear before the General Division of the Supreme Court;
(ab) by a judge of appeal in any case where the defendant was bound to appear before the Court of Appeal;

(3) Section 53 is repealed and the following section is inserted instead ¾
}
53. Appeals against decisions made under s. 52

(1) A person who is dissatisfied with a decision (as defined in section 4 of the Criminal Procedure (Summary) Act 1902) made under section 52 may, with the leave of the Court of Appeal, appeal against it.

(2) For the purposes of subsection (1), Part VIII of the Criminal Procedure (Summary) Act 1902, with any necessary changes, applies as if ¾

(a) the decision referred to in subsection (1) were a decision of a court of summary jurisdiction;
(b) a reference in that Part to a court of summary jurisdiction were a reference to the court that made the decision referred to in subsection (1); and
(c) a reference in that Part to commencing an appeal were a reference to applying for leave to appeal.
(3) Despite section 195A of the Criminal Procedure (Summary) Act 1902, the appeal is to be dealt with by the Court of Appeal.

(4) The Act is amended as set out in the Table to this section.
Table

s. 3(1)	In the definition of }appropriate judicial officer~, delete paragraph (b) and insert instead ¾ } (b) if the court is the Court of Appeal, means a judge of appeal; ~. In the definition of }court~, delete paragraphs (f) and (g) and insert instead ¾ } (f) the Court of Appeal; ~.
s. 7A(1)	In paragraph (a), delete }Full Court~ in the first 3 places where it occurs and in each place insert instead ¾ } Court of Appeal ~. In paragraph (a), delete }the Full Court~ in the fourth place where it occurs and insert instead ¾ } a judge of appeal ~.
s. 15(1)(b)	Delete }Full Court or the Court of Criminal Appeal~ and insert instead ¾ } Court of Appeal ~.
s. 52(1)	Delete }Court of Criminal Appeal, the Full Court of the Supreme Court, the Supreme Court constituted by a single Judge,~ and insert instead ¾ } Supreme Court ~.
s. 52(3)(a)	After }subsection (2)(a)~ insert ¾ } or (ab) ~.
Sch. 1 Pt. A cl. 4(a)	Delete the content of the Second Column and insert instead ¾ } If the appeal is being determined by a single judge, a single judge; If the appeal is being determined by the Court of Appeal, the Court of Appeal or a single judge of appeal; ~.
Sch. 1 Pt. A cl. 4(b)	In the First Column, before }appeal~ insert ¾ } application for leave to appeal or an ~. Delete the content of the Second Column and insert instead ¾ } The Court of Appeal or a single judge of appeal; ~.
Sch. 1 Pt. A cl. 4(d)	Delete the content of the Second Column and insert instead ¾ } The Court of Appeal or a single judge of appeal; ~.
Sch. 1 Pt. A cl. 4(e)(i)	Delete the content of the Second Column and insert instead ¾ } If the appeal was determined by a single judge, a single judge; If the appeal was determined by the Court of Appeal, the Court of Appeal or a single judge of appeal; ~.
Sch. 1 Pt. A cl. 4(e)(ii)	Delete the content of the Second Column and insert instead ¾ } The Court of Appeal or a single judge of appeal; ~.
Sch. 1 Pt. A cl. 4(f)	Delete the content of the Second Column and insert instead ¾ } The Court of Appeal or a single judge of appeal; ~.

Bail Act 1982 - NOTES.pdf