Section 15AB — Crimes Act 1914: 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: (i) 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); (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.