History Details
Bail Act 1982
15 May 1999 - 26 August 1999
Notes

1 This is a compilation of the Bail Act 1982 and includes the amendments effected by the other Acts referred to in the following Table 1a.

Table of Acts
ActNumber and YearAssentCommencementMiscellaneous
Bail Act 198286 of 198218 November 19826 February 1989 (see Gazette 27 January 1989 p.263)
Acts Amendment (Abolition of Capital Punishment) Act 1984,
Part III
52 of 19845 September 19843 October 1984
Bail Amendment Act 198474 of 198429 November 19846 February 1989 (see section 2 and Gazette 27 January 1989 p.263)Amended by the Bail Amendment Act 1988 (Act No. 15 of 1988 section 20)
Bail Amendment Act 198815 of 19886 September 19886 February 1989 (see section 2 and Gazette 27 January 1989 p.263)
Acts Amendment (Children's Court) Act 1988,
Part 13
49 of 198822 December 19881 December 1989 (see Gazette 24 November 1989 p.4327)
Criminal Law Amendment Act 1988,
Part 4
section 45
70 of 198815 December 19886 February 1989 (see section 2 (2) (a) and (b) and Gazette 27 January 1989 p.263)
Justices Amendment Act 1989,
section 18
(item 1 of Schedule)
33 of 198922 December 19891 June 1991 (see Gazette 17 May 1991 p.2455)
Community Corrections Legislation Amendment Act 1990,

Part 2

61 of 199017 December 19903 April 1991
(see Gazette 22 March 1991 p.1209)
Child Welfare Amendment Act (No. 2) 1990,
section 15
83 of 199022 December 19901 August 1991
(see Gazette 1 August 1991 p.3983)
Children's Court of Western Australia Amendment Act (No. 2) 1991,
Part 3
section 21
15 of 199121 June 19919 August 1991 (see section 2 (2) and Gazette 9 August 1991 p.4101)
Acts Amendment (Sexual Offences) Act 1992,
Part 3
14 of 199217 June 19921 August 1992 (see Gazette 28 July 1992 p.3671)
Acts Amendment (Ministry of Justice) Act 1993,
Part 3
31 of 199315 December 1993Deemed operative 1 July 1993
(see section 2)
Part 19 sections 68 and 69
transitional
Criminal Procedure Amendment Act 1993,
Part 2
sections 3 to 13
45 of 199320 December 1993Sections 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
Criminal Law Amendment Act 1994,
section 13 (1) and (2)
82 of 199423 December 1994Section 13: 20 January 1995 (see section 2 (2))
Acts Amendment (Fines, Penalties and Infringement Notices) Act 1994,
Part 3
sections 4 to 7
92 of 199423 December 19941 January 1995
(see section 2
and Gazette 30 December 1994 p.7211)
Sentencing (Consequential Provisions) Act 1995,
Part 5
sections 6 to 8
78 of 199516 January 19964 November 1996 (see section 2
and Gazette 25 October 1996 p.5632)
Coroners Act 1996,
section 61
2 of 199624 May 19977 April 1997 (see section 2 and Gazette 18 March 1997 p.1529)
Mental Health (Consequential Provisions) Act 1996,
Part 2
69 of 199613 November 199613 November 1997 (see section 2)
Statutes (Repeals and Minor Amendments) Act 1997,
section 21
57 of 199715 December 199715 December 1997 (see section 2)
Criminal Law Amendment Act (No. 1) 1998,
section 4(2)
38 of 199825 September 199823 October 1998
Bail Amendment Act 1998,
Parts 4 and 7
54 of 199811 January 199915 May 1999 (see section 2 and Gazette 11 May 1999 p.1905)
1a As at the date of this reprint Part 2 of the Mental Health (Consequential Provisions) Act 1996 (Act No. 69 of 1996) was not in operation. Part 2 reads as follows ¾

}


PART 2 ¾ BAIL ACT 1982

3. Schedule amended

(1) The Bail Act 1982* is amended in Schedule 1 in Part D in clause 2 (1) by inserting after }(3)~ the following ¾

}, (3a) ~.

(2) The Bail Act 1982* is amended in Schedule 1 in Part D by deleting clause 2 (3) and substituting the following subclauses ¾

}

(3) Where a judicial officer who grants bail to a defendant is of the opinion that the defendant's physical condition ought to be examined the officer may, under subclause (1), impose any condition which the officer considers desirable for the purpose of ensuring that the defendant is examined by a medical practitioner.

(3a) Where a judicial officer who grants bail to a defendant is of the opinion that the defendant's mental condition ought to be examined the officer may, under subclause (1), impose any condition which the officer considers desirable for the purpose of ensuring that the defendant's mental condition is examined including a condition ¾

(a) that the defendant be examined by a medical practitioner or an authorized mental health practitioner (as defined in the Mental Health Act 1996) for the purpose of deciding whether to make a referral under section 29 of that Act;

(b) that the defendant be admitted to an authorized hospital (as defined in the Mental Health Act 1996);

(c) that the defendant be examined by a psychiatrist. ~.

(3) The Bail Act 1982* is amended in Schedule 1 in Part D in clause 2 (5) by inserting after }(3)~ the following ¾

} , (3a) ~.

(4) The Bail Act 1982* is amended in Schedule 1 in Part D in clause 2 (7) by deleting the definition of }psychiatrist~ and substituting the following definition ¾

} }psychiatrist~ has the same meaning as it has in the Mental Health Act 1996.. ~.


~.

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