126.96.36.199 - Terrorism risk or record
On 1 October 2018 the Justice Legislation Amendment (Terrorism) Act 2018 amended the BA to provide for the use of terrorism risk information by a court considering whether to grant an accused bail; and to specify procedures and tests in bail determinations involving terrorism-related circumstances.
Section 3 of the BA defines a “terrorism or foreign incursion offence” as an offence against:
A person has a “terrorism record” under the BA if the person:
“Terrorism risk information” means an assessment made by a specified entity that there is a risk the person will commit a terrorism or foreign incursion offence, and the information relied on in making that assessment (s3AAC).
The Court is required to make a preliminary determination if there is a risk that the accused will commit a terrorism or foreign incursion offence if:
The BA outlines the considerations for the Court in bail determinations for accused charged with Schedule 1 or Schedule 2 offences where terrorism-related circumstances arise.
See 188.8.131.52 and 184.108.40.206 for discussion on the relevant tests in bail determinations involving terrorism offences or terrorism-related issues.