Australian Capital Territory Numbered Acts

JUSTICE AND COMMUNITY SAFETY LEGISLATION AMENDMENT ACT 2005 (NO. 5 OF 2005) - SECT 6

substitute

42     Power of Magistrates Court to review

    (1)     The Magistrates Court may, on application under this division, review any decision of an authorised officer or the Magistrates Court (however constituted) in relation to bail.

    (2)     However, the Magistrates Court may review the decision only if the application for review is based on—

        (a)     a significant change in circumstances relevant to the granting of bail; or

        (b)     the availability of fresh evidence or information of material significance to the granting of bail to the person that was unavailable on the most recent application in relation to bail.

    (3)     The power of the Magistrates Court to review a decision under this section may be exercised whether or not any power to review the decision under section 38 has been exercised or been sought to be exercised.