{"id":"bail-act-1982","name":"Bail Act 1982","slug":"bail-act-1982","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29868,"registerId":"nt-bail-act-1982-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Bail Act 1982.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"3 Interpretation\n(1) In this Act:\nancillary provision, of a conduct agreement, see section 27A(2A).\nappeal means an appeal made under:\n(a) Division 2 of Part VI of the Local Court (Criminal Procedure)\nAct 1928; or\n(b) section 144 of the Youth Justice Act 2005; or\n(c) section 10 of the Parole Act 1971; or\n(d) Division 2 of Part X of the Criminal Code; or\n(e) Part III of the Supreme Court Act 1979.\napproved monitoring device:\n(a) in relation to a youth – see section 5(1) of the Youth Justice\nAct 2005; or\n(b) otherwise – see section 165 of the Correctional Services\nAct 2014.\n\nBail Act 1982 2\napproved police monitoring device means a police monitoring\ndevice approved under section 52B.\nauthorised member, in relation to a person in custody, means a\npolice officer who may, under Part 3, grant bail to the person.\nbail means authorisation under this Act:\n(a) to be at liberty instead of in custody; or\n(b) to be released from the obligation to comply with a\nnon-custodial order.\nbail condition means a condition imposed under section 27.\nbail offence means an offence against section 37B(1) or (2).\nbail undertaking means an undertaking given under section 25.\nCEO (Youth Justice) means the Chief Executive Officer (as\ndefined in section 19 of the Public Sector Employment and\nManagement Act 1993) of the Agency responsible for youth justice.\nchild means a person under the age of 18 years.\nCommonwealth sexual offence means an indictable offence\nagainst the law of the Commonwealth of which an element is:\n(a) sexual intercourse or sexual penetration; or\n(b) an indecent act or an act of a sexual nature; or\n(c) sexual slavery, sexual servitude or any other form of sexual\nexploitation; or\n(d) encouraging, or benefiting from, child sex tourism; or\n(e) production, communication, use, or any other act involving,\npornographic material; or\n(f) an attempt to commit, an act of procuring, or any other act\npreparatory to the commission of, any of the above.\ncommunity youth justice officer, see section 5(1) of the Youth\nJustice Act 2005.\nconduct agreement, see section 27(2)(a).\n\nBail Act 1982 3\nconviction includes a finding of guilt and, without limiting the\nforegoing part of this definition, includes the making of an order\nunder:\n(a) section 4 of the Criminal Law (Conditional Release of\nOffenders) Act 1971 (repealed); and\n(b) section 26(2)(b) of the Child Welfare Act 1958 (repealed); and\n(c) section 75(2) of the Justices Act 1928 (repealed).\ncourt means:\n(a) the Supreme Court; or\n(b) the Local Court; or\n(d) a Supreme Court Judge, Local Court Judge or justice of the\npeace not sitting as a court.\nNote for definition court\nSee also section 3AA.\ndomestic violence, see section 5 of the Domestic and Family\nViolence Act 2007.\ndomestic violence order, see section 4 of the Domestic and\nFamily Violence Act 2007.\noffence includes:\n(a) a failure to comply with a condition of a parole order made\nunder section 5A of the Parole Act 1971; and\n(b) a failure to comply with a condition to which an order made\nunder section 5(1)(a) of the Criminal Law (Conditional Release\nof Offenders) Act 1971 is subject.\noriginal offence means the offence mentioned in section 37B(1)(a)\nor (2)(a).\npolice monitoring device means an electronic device that can:\n(a) be worn by, or attached to, an accused person who has\nentered into a conduct agreement; and\n(b) monitor the accused person's location.\npornographic material means material of an indecent, sadistic,\nsadomasochistic or abusive character (including material related to\nchild abuse).\n\nBail Act 1982 4\nprescribed offence, see section 3B.\nprobation and parole officer, see section 4 of the Correctional\nServices Act 2014.\nserious offence means an offence punishable by imprisonment\nfor 5 or more years.\nserious sexual offence, see section 3A.\nserious violence offence means:\n(a) an offence against any of the following provisions of the\nCriminal Code that is punishable by imprisonment for 5 or\nmore years:\n(i) Part V, Division 2;\n(ii) Part VI, Divisions 3 to 6A;\n(iii) Part VIA;\n(iv) section 218;\n(v) another provision prescribed by regulation; or\n(ab) an offence against section 211 or 212 of the Criminal Code, as\nin force immediately before the commencement of section 10\nof the Criminal Code Amendment (Property Offences)\nAct 2022; or\n(b) an offence against Part V, Division 2 or Part VI, Division 5 of\nthe Criminal Code, as in force before the commencement of\n","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"of the Criminal Justice Legislation Amendment (Sexual","content":"Part 2 of the Criminal Justice Legislation Amendment (Sexual\nOffences) Act 2023, that was punishable by imprisonment for\n5 or more years.\nsupported bail accommodation means a place declared by the\nMinister under section 27A(1)(ea) to be supported bail\naccommodation.\nSupreme Court includes a Supreme Court Judge.\nSupreme Court Judge means:\n(a) a Judge of the Supreme Court; or\n(b) if the Rules of Court made under the Supreme Court Act 1979\npermit an Associate Judge to exercise the powers of the\nSupreme Court under this Act – an Associate Judge.\n\nBail Act 1982 5\nTerritory sexual offence means an indictable offence of which an\nelement is:\n(a) sexual intercourse, sexual penetration or a sexual involvement\nwith an animal; or\n(ab) a grossly indecent act; or\n(b) a sexual relationship; or\n(c) sexual abuse; or\n(d) indecent touching or an indecent assault; or\n(e) any other indecent act directed against a person; or\n(f) the making, collection, exhibition or display of an indecent\nobject or pornographic material; or\n(g) sexual servitude or any other form of sexual exploitation; or\n(h) an attempt to commit, an act of procuring, or any other act\npreparatory to the commission of, any of the above.\nyouth, see section 6 of the Youth Justice Act 2005.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) A reference in this Act to an accused person, or a person accused\nof an offence, includes a reference to:\n(a) a person charged with, convicted of or found guilty of an\noffence; and\n(b) a person in respect of whom an appeal is pending; and\n(c) a person whose case has been remitted by the Supreme\nCourt under section 177(2)(d) of the Local Court (Criminal\nProcedure) Act 1928 to the Local Court for hearing or further\nhearing; and\n(d) a person committed under section 6(2A) or (6), 15(4) or 25(4)\nof the Criminal Law (Conditional Release of Offenders)\nAct 1971 or the Sentencing Act 1995 to appear before, or be\ndealt with by, a court; and\n(e) a person brought before the Local Court under section 5G(4)\nof the Parole Act 1971.\n\nBail Act 1982 6\n(3) A reference in this Act to entering into a bail condition is a\nreference, if the condition is imposed under:\n(a) section 27(2)(a), (c) or (d) – to entering into the agreement or\nagreements; or\n(b) section 27(2)(b) – to making and signing the\nacknowledgement; or\n(c) section 27(2)(e) or (f) – to entering into the agreement or\nagreements and depositing the security; or\n(d) section 27(2)(g) or (h) – to entering into the agreement or\nagreements and depositing the amount or amounts of money;\nor\n(e) section 27(2)(j) – to depositing every passport, whether\nAustralian or foreign, held by the accused person;\nin accordance with the condition.\n(4) A reference, however expressed, in this Act (other than in\nsection 24 or 24A) to the grant of bail includes a reference to the\ncontinuation of bail under section 32.\n3AA References to Local Court, judges or registrars\n(1) In this Act, unless specified otherwise:\n(a) a reference to the Local Court includes a reference to the\nYouth Justice Court; and\n(b) a reference to a Local Court Judge includes a reference to a\nJudge of the Youth Justice Court; and\n(c) a reference to a registrar of the Local Court includes a\nRegistrar of the Youth Justice Court.\n(2) In this section:\nYouth Justice Court means the court continued in existence by\nsection 45 of the Youth Justice Act 2005.\n","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Serious sexual offences","content":"3A Serious sexual offences\n(1) In this Act, a serious sexual offence is a Territory sexual offence or\na Commonwealth sexual offence for which a maximum penalty of\nimprisonment for 7 years or more is prescribed.\n\nBail Act 1982 7\n(2) The following offences are also serious sexual offences (even\nthough a lesser maximum penalty may be prescribed):\n(a) an offence, committed by an adult, consisting of an attempt to\nprocure, or the act of procuring, a child under the age of\n16 years to engage in sexual intercourse or an indecent act;\n(b) an offence, committed by an adult, consisting of indecent\nassault on a child under the age of 16 years;\n(c) an offence, committed by an adult in the presence of a child,\nconsisting of the commission of an act of gross indecency in a\npublic place.\n","sortOrder":4},{"sectionNumber":"3B","sectionType":"section","heading":"Prescribed offence","content":"3B Prescribed offence\nFor this Act, a prescribed offence is:\n(a) an offence prescribed by the Regulations; or\n(b) an offence against a law, or a repealed law, of the Territory or\nanother jurisdiction (including a jurisdiction outside Australia)\nthat substantially corresponds to an offence prescribed under\nparagraph (a).\n","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Application of Act","content":"4 Application of Act\n(1) Except if otherwise expressly provided, this Act applies to a person\nwhether the person is an adult or youth.\n(2) Except where otherwise expressly provided by or under this Act,\nthis Act applies in relation to the grant of bail to accused persons to\nthe exclusion of any other law in force immediately before the\ncommencement of this Act so far as any other such law makes\nprovision for or with respect to bail for accused persons.\n","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Savings and transitional","content":"5 Savings and transitional\n(1) This Act does not affect bail granted, or a discharge upon a\nrecognizance of bail entered into, under a law before the\ncommencement of this Act in relation to an accused person, and for\nthe purposes of or for purposes connected with such bail or\nrecognizance this Act shall be deemed not to have been enacted.\n(2) Nothing in subsection (1) prevents the making of a decision under\nthis Act, or the exercise or performance of a power, authority, duty\nor function thereunder, in respect of an offence or other matter (or\nany proceedings in connection therewith) to or with which the bail or\nrecognizance of bail referred to in that subsection relates or is\nconnected.\n\nBail Act 1982 8\n(3) The Regulations may make other provisions of a savings or\ntransitional nature consequent upon the enactment of this Act in\nconnection with any law, and those provisions may, but need not,\noperate by reference to any provision of this Act and shall have\neffect notwithstanding anything in subsection (1) or (2).\n","sortOrder":7},{"sectionNumber":"5A","sectionType":"section","heading":"Application of Criminal Code","content":"5A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 5A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Grant of bail for certain periods","content":"6 Grant of bail for certain periods\nBail may be granted in accordance with this Act to an accused\nperson in respect of any one or more of the following periods and\nexcept in relation to paragraphs (f) and (g), so far as they relate to\nthe offence of which the person is accused:\n(a) the period between the accused person being charged with\nthe offence and the accused person's first appearance before\na court in or in connection with proceedings for the offence;\n(b) the period between committal for trial or sentence and the\naccused person's appearance before the Supreme Court\nconsequent upon the committal;\n(c) the period of any adjournment or adjournments, including:\n(i) any adjournment or adjournments during the course of a\ntrial; and\n(ii) any adjournment or adjournments after the accused\npleads, or is found, guilty but before he is sentenced;\nand\n(iii) any period deemed under section 15 to be the period of\nan adjournment;\n\nBail Act 1982 9\n(d) the period between the institution of an appeal and its\ndetermination;\n(e) the period between the determination of an appeal and:\n(i) the accused person's appearance before a court to\nabide the result of the determination of the appeal; or\n(ii) the accused person's appearance before a court to\nwhich the matter is remitted under section 177(2)(d) of\nthe Local Court (Criminal Procedure) 1928;\n(f) the period between the making of an application in relation to\nthe accused person, or the arrest of the accused person,\nunder one of the following provisions (in which the person is\nreferred to as an offender) and the accused person's\nappearance before a court for the application or as a result of\nthe arrest:\n(i) section 39A, 43 or 48F of the Sentencing Act 1995;\n(ii) section 15 of the Sentencing Act 1995 as in force\nimmediately before the commencement of Part 2 of the\nSentencing and Other Legislation Amendment Act 2022\nand continued by section 145 of the Sentencing\nAct 1995;\n(g) the period between the committal of the accused person under\none of the following provisions (in which the person is referred\nto as an offender) and the accused person's appearance\nbefore the Supreme Court for that committal:\n(i) section 43(4C) of the Sentencing Act 1995;\n(ii) section 15(3B) of the Sentencing Act 1995 as in force\nimmediately before the commencement of Part 2 of the\nSentencing and Other Legislation Amendment Act 2022\nand continued by section 145 of the Sentencing\nAct 1995;\n(h) any other period prescribed by regulation.\n","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Rights following grant of bail","content":"7 Rights following grant of bail\n(1) When:\n(a) bail is granted to an accused person in respect of an offence;\n(b) the accused person enters into the bail undertaking; and\n\nBail Act 1982 10\n(c) if a bail condition or bail conditions are imposed, it or they are\nentered into;\nthe accused person is, subject to this Act, entitled:\n(d) to be released from custody and to remain at liberty in respect\nof the offence; or\n(e) to be released from the obligation to comply with a\nnon-custodial order in respect of the offence;\nuntil the accused person is required to appear before a court in\naccordance with the bail undertaking.\n(2) Subsection (1) does not apply to an accused person while the\naccused person is also in custody or the subject of a non-custodial\norder for some other offence or reason in respect of which he is not\nentitled (whether under this Act or otherwise) to be at liberty or\nreleased.\n","sortOrder":10},{"sectionNumber":"7A","sectionType":"section","heading":"No bail for certain offences without high degree of confidence","content":"7A No bail for certain offences without high degree of confidence\nin accused person\n(1) This section applies to the following offences:\n(a) murder;\n(c) an offence against the Misuse of Drugs Act 1990 punishable\nby a term of imprisonment for 7 years or more;\n(d) an offence against the Customs Act 1901 (Cth) in relation to\nnarcotic goods punishable by a term of imprisonment for\n10 years or more;\n(da) an offence against Division 307 of the Criminal Code (Cth)\npunishable by a term of imprisonment for 10 years or more;\n(db) an offence against section 36, 37, 38 or 55 of the Serious\nCrime Control Act 2009;\n(dc) an offence against section 54, 103A, 242 or 243(1) of the\nCriminal Code;\n(dd) an offence against section 181 of the Criminal Code, or\nsection 120 of the Domestic and Family Violence Act 2007, if\nthe person accused of the offence has, at any time before the\ndate of that offence, been found guilty of any of the following\noffences (the previous offence):\n\nBail Act 1982 11\n(i) the offence of murder;\n(ii) an offence against section 181, 188A, 189A, 208H,\n208HA or 208HB of the Criminal Code;\n(iii) an offence against a law of a State or other Territory or\nanother country that is similar to an offence mentioned in\nsubparagraph (i) or (ii);\n(iv) an offence against section 192 of the Criminal Code, as\nin force before the commencement of Part 2 of the\nCriminal Justice Legislation Amendment (Sexual\nOffences) Act 2023;\n(de) a prescribed offence or serious offence (offence A) if the\nperson accused of offence A is charged with committing\noffence A while on bail for a prescribed offence or serious\noffence (the previous offence);\n(dea)a prescribed offence or serious offence (offence AB) if the\nperson accused of offence AB has, within the period of\n2 years immediately preceding the date of the alleged\ncommission of offence AB, been found guilty of 2 or more\nprescribed offences or serious offences, or any combination of\nthem, for which a conviction was recorded;\n(df) a serious offence (offence B) if the person accused of\noffence B has, within the period of 10 years immediately\npreceding the date of the alleged commission of offence B,\nbeen found guilty of a serious violence offence (the previous\noffence);\n(dg) an offence where the accused person is the subject of an\norder made under section 40 of the Sentencing Act 1995 (the\nsentencing order) which may be breached if the person is\nconvicted of the offence, unless:\n(i) the offence is a contravention of, or failure to comply\nwith, an instrument of a legislative or administrative\ncharacter; or\n(ii) the authorised member or court is of the opinion that the\noffence is so minor that a court is unlikely to regard it as\na breach of the suspended sentence;\n(dh) an offence against section 120 of the Domestic and Family\nViolence Act 2007 (offence C), if the person accused of\noffence C has, within the period of 2 years immediately\npreceding the date of the alleged commission of offence C,\nbeen found guilty of a DVO contravention offence (the\n\nBail Act 1982 12\nprevious offence);\n(e) a serious violence offence;\n(f) a serious sexual offence.\n(2) An authorised member or court must not grant bail to a person\naccused of an offence to which this section applies unless the\nperson satisfies the member or court that bail should be granted.\nSee sections 24 and 24A in relation to the matters to be considered by an\nauthorised member or court in determining whether bail should be granted.\n(2AA) The matter mentioned in section 24(1)(aa) is the paramount\nconsideration when the authorised member or court is determining\nwhether bail should be granted to the person.\nNote for subsection (2AA)\nSection 24(1)(aa) provides for consideration of the risk to the safety of the\ncommunity if a person accused of an offence is released on bail.\n(2AB) Even if an authorised member or court is satisfied, as mentioned in\nsubsection (2), that bail should be granted, the member or court\nmust not grant bail to the person unless the member or court has a\nhigh degree of confidence, when considered in isolation from\nmatters mentioned in sections 24 and 24A, that the person will not,\nif released on bail:\n(a) commit a prescribed offence or a serious violence offence; or\n(b) otherwise endanger the safety of the community.\n(2A) Despite subsection (1), subsections (2), (2AA) and (2AB) do not\napply to a person who is assessed to be suitable to participate in:\n(a) a program of rehabilitation prescribed by the Regulations; or\n(b) a program declared by the Minister under section 85A(1) of\nthe Domestic and Family Violence Act 2007 to be a\nrehabilitation program.\n(3) The requirement for bail cannot be dispensed with for a person\naccused of an offence to which this section applies and section 9(2)\ndoes not apply with respect to any such offence.\n(4) In this section:\nDVO contravention offence, see section 4 of the Domestic and\nFamily Violence Act 2007.\n\nBail Act 1982 13\nprevious offence includes an offence committed before the\ncommencement of section 6 of the Bail Amendment Act 2015.\nsentencing order includes an order made before the\ncommencement of section 6 of the Bail Amendment Act 2015.\n","sortOrder":11},{"sectionNumber":"Div 2","sectionType":"division","heading":"Presumption in favour of bail","content":"Division 2 Presumption in favour of bail\n","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Presumption in favour of bail for certain offences","content":"8 Presumption in favour of bail for certain offences\n(1) This section applies to an offence except an offence to which\nsection 7A applies.\n(2) A person accused of an offence to which this section applies is\nentitled to be granted bail in accordance with this Act unless:\n(a) an authorised member or court is satisfied refusing bail is\njustified having considered the matters mentioned in\nsection 24 and, if the person is a youth, the matters mentioned\nin section 24A; or\n(b) the person stands convicted of the offence; or\n(c) the requirement for bail is dispensed with under section 9.\n(3) Subject to subsection (4), a person is entitled under this section to\nbe granted bail in respect of an offence to which this section applies\neven if the accused person is in custody for some other offence or\nreason for which the accused person is not entitled to be granted\nbail.\n(4) A person is not entitled under this section to be granted bail in\nrespect of an offence to which this section applies, if:\n(a) the person is in custody serving a sentence of imprisonment in\nconnection with some other offence; and\n(b) the authorised member or court is satisfied that the person is\nlikely to remain in custody in connection with that other\noffence for a longer period than that for which bail in\nconnection with the first-mentioned offence would be granted.\n","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Dispensing with bail","content":"9 Dispensing with bail\n(1) A court that may grant bail to an accused person may instead\ndispense with the requirement for bail.\n\nBail Act 1982 14\n(2) Where, during an appearance by an accused person before a court,\nno specific order or direction is made by the court in respect of bail,\nthe court is taken to have dispensed with the requirement for bail.\n","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Effect of dispensing with bail","content":"10 Effect of dispensing with bail\n(1) While the requirement for bail is or is taken to be dispensed with\nunder this Act in respect of a person accused of an offence, the\naccused person is entitled:\n(a) to be released from custody and to remain at liberty in respect\nof the offence; or\n(b) to be released from the obligation to comply with a\nnon-custodial order in respect of the offence;\nuntil the accused person is required to appear before a court in\nrespect of the offence.\n(2) Subsection (1) does not apply to an accused person while the\naccused person is also in custody or the subject of a non-custodial\norder for some other offence or reason in respect of which the\naccused person is not entitled (whether under this Act or otherwise)\nto be at liberty or released.\n","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Decision to dispense with bail","content":"11 Decision to dispense with bail\nFor Part 6, where a court dispenses with, or is taken to have\ndispensed with, the requirement for bail, the court is taken to have\nmade a decision to dispense with the requirement for bail.\n","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Bail may be granted where no entitlement","content":"12 Bail may be granted where no entitlement\nAn accused person not entitled under section 8 to be granted bail\nmay nevertheless be granted bail.\n","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Power to refuse bail","content":"13 Power to refuse bail\nA power conferred by this Act to grant bail is, subject to this Act,\ntaken to include a power to refuse bail, but the power to refuse bail\nmay only be exercised in conformity with this Act.\n","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Grant of bail when not in custody","content":"14 Grant of bail when not in custody\n(1) An accused person may be granted or refused bail in accordance\nwith this Act, even if the accused person is not in custody.\n\nBail Act 1982 15\n(2) Nothing in this Act requires the grant of bail to an accused person\nwho is not in custody.\n","sortOrder":19},{"sectionNumber":"15","sectionType":"section","heading":"Extension of meaning of adjournment in section 6","content":"15 Extension of meaning of adjournment in section 6\nFor section 6(c)(iii), the following periods are taken to be the period\nof an adjournment:\n(a) the period between the making of an order for a separate trial\nor for the postponement of a trial and the commencement of\nthe separate or postponed trial;\n(b) the period between the appearance of an accused person\nbefore the Local Court in pursuance of a warrant issued under\nsection 301(1) of the Criminal Code and the date fixed for trial;\n(ba) the period of adjournment under section 383(3) of the Criminal\nCode;\n(c) the period between the bringing up by a writ of habeas corpus\nof a person sentenced to imprisonment by the Local Court and\nthe final decision of the case, where the Supreme Court\npostpones the final decision of the case.\n","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Authority for police to grant bail","content":"16 Authority for police to grant bail\n(2) A police officer may, as an alternative to bringing a person the\nofficer has arrested before a court of competent jurisdiction as\nrequired by Part VII, Division 6 of the Police Administration\nAct 1978 within the time in which under that Division the officer\nwould be required to bring the person before the court:\n(a) inform the person charged of the person's right to apply for\nbail; and\n(b) as far as practicable, ensure that the person charged is able to\ncommunicate with a legal practitioner or someone of the\nperson's choosing in connection with an application for bail.\n(3) An authorised member must, as soon as practicable after a person\nbecomes entitled to apply for bail, determine whether bail should be\ngranted under this Act.\n\nBail Act 1982 16\n(4) The police officer mentioned in subsection (2) may refrain from\ncomplying with subsection (2)(b) if the officer believes, on\nreasonable grounds, that it is necessary to do so in order to\nprevent:\n(a) the escape of an accomplice of the accused person; or\n(b) the loss, destruction or fabrication of evidence relating to an\n(5) A police officer who holds the rank of Sergeant or higher rank or\nany other police officer who is for the time being in charge of a\npolice station may grant bail under this Part.\n","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Bail in respect of several offences","content":"17 Bail in respect of several offences\nWhere a person is charged with 2 or more offences at the same\ntime:\n(a) an authorised member considering whether to grant bail to the\nperson must decide, at the same time, whether to grant, or\nrefuse to grant, bail to the person in respect of all the charges;\nand\n(b) an application may be made for bail in respect of all the\ncharges, but not otherwise; and\n(c) any bail that is granted to the person must be granted in\nrespect of all the charges and separate undertakings must not\nbe required in respect of each charge.\n","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Bail register","content":"18 Bail register\nAn authorised member must, upon granting bail to a person, enter\neither in a book kept for that purpose in the police station where bail\nis granted or cause to be stored on a computer maintained for that\npurpose elsewhere, the name, residence and occupation of the\nperson and of a person who, pursuant to Part 5, Division 3 makes\nan acknowledgement or enters into an agreement in respect of the\nperson granted bail, together with details of the conditions of bail\nand details of any money or securities given or deposited, and must\narrange to lay any undertaking, acknowledgement or agreement\nrelating to the bail before a court before which the person is\nrequired to appear.\n\nBail Act 1982 17\n","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"General provisions as to court bail","content":"19 General provisions as to court bail\n(1) There is no limit on the number of applications in relation to bail that\nmay be made to a court by a person accused of an offence.\n(2) All applications to a court in relation to bail must be dealt with as\nsoon as reasonably practicable.\n(3) The Regulations may make provision for or with respect to the\nmanner of making applications to courts in relation to bail.\n(4) Despite subsections (1) and (2), a court may refuse to entertain an\napplication in relation to bail if it is satisfied that the application is\nfrivolous or vexatious.\n","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Power of Local Court to grant bail","content":"20 Power of Local Court to grant bail\n(1) Subject to section 21, the Local Court may, at any time:\n(a) grant bail to a person brought or appearing before the Local\nCourt accused of an offence; or\n(b) except as prescribed by the Regulations, grant bail to an\nappellant under Part VI, Division 2 of the Local Court (Criminal\nProcedure) Act 1928.\n(2) Subject to section 21, the Local Court may at any time grant bail by\ntelephone to a person who is apprehended by a police officer in\naccordance with a warrant to apprehend the person and bring him\nor her before a court.\n(3) The jurisdiction conferred on the Local Court under this Act is part\nof the Court's criminal jurisdiction.\n","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Limitations on power of Local Court","content":"21 Limitations on power of Local Court\nSubject to sections 31 and 38, bail may not be granted under\nsection 20 by the Local Court to a person accused of an offence\nafter that person has appeared before the Supreme Court following:\n(a) the person's committal for trial or sentence in connection with\nthe offence; or\n(b) the person being brought up by a writ of habeas corpus in\nconnection with the offence as mentioned in section 15(c).\n\nBail Act 1982 18\n","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Limitation on length of adjournments where bail refused","content":"22 Limitation on length of adjournments where bail refused\nWhere an accused person is refused bail by the Local Court\nconstituted other than by a Local Court Judge in respect of an\noffence, an adjournment of the hearing by the Local Court must,\nexcept with the consent of the accused person, be for a period not\nexceeding 15 clear days.\n","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Power of Supreme Court to grant bail","content":"23 Power of Supreme Court to grant bail\n(1) The Supreme Court may grant bail in accordance with this Act to a\nperson accused of an offence, whether or not the accused person\nhas appeared before the Supreme Court in connection with the\n(2) If a person is arrested by a police officer under a warrant issued by\nthe Supreme Court, a Supreme Court Judge may grant bail to the\nperson by telephone or another form of electronic communication\nthe Judge considers appropriate.\n","sortOrder":28},{"sectionNumber":"23A","sectionType":"section","heading":"Limitation on power to grant bail","content":"23A Limitation on power to grant bail\nDespite anything in this Act, where an appeal is pending in the\nCourt of Criminal Appeal against:\n(a) a conviction on indictment; or\n(b) a sentence passed on conviction on indictment;\nbail must not be granted by the Court or any other court unless it is\nestablished that special or exceptional circumstances exist\njustifying the grant of bail.\n","sortOrder":29},{"sectionNumber":"Part 5","sectionType":"part","heading":"Provisions applying to both police and court","content":"Part 5 Provisions applying to both police and court\nbail\n","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Criteria to be considered in bail applications","content":"24 Criteria to be considered in bail applications\n(1) Subject to section 24A, in making a determination as to the grant of\nbail to an accused person, an authorised member or a court must\ntake into consideration so far as they can reasonably be\nascertained the following matters only:\n(aa) the risk (if any) to the safety of the community that would\nresult from the accused person's release on bail;\n\nBail Act 1982 19\n(a) the probability of whether or not the person will appear in court\nin respect of the offence for which bail is being considered,\nhaving regard only to:\n(i) the person's background and community ties, as\nindicated by the history and details of the person's\nresidence, employment and family situations and, if\nknown, the person's prior criminal record; and\n(ii) any previous failure to appear in court pursuant to a\nrecognizance of bail entered into before the\ncommencement of this section or pursuant to a bail\nundertaking; and\n(iii) the circumstances of the offence (including its nature\nand seriousness), the strength of the evidence against\nthe person and the severity of the penalty or probable\npenalty; and\n(iv) any specific evidence indicating whether or not it is\nprobable that the person will appear in court;\n(b) the interests of the person, having regard only to:\n(i) the period that the person may be obliged to spend in\ncustody if bail is refused and the conditions under which\nthe person would be held in custody; and\n(ii) the needs of the person to be free to prepare for the\nperson's appearance in court or to obtain legal advice or\nboth; and\n(iii) the needs of the person to be free for any lawful purpose\nnot mentioned in subparagraph (ii); and\n(iiia) any needs of the person relating to:\n(A) any cognitive impairment, as defined in\nsection 6A(2) of the Mental Health and Related\nServices Act 1998 of the person; or\n(B) any mental impairment, as defined in section 43A\nof the Criminal Code of the person; and\n(iiib) whether or not the person is a youth; and\n(iiic) any needs relating to the person's cultural background,\nincluding any ties to extended family or place, or any\nother cultural obligation; and\n\nBail Act 1982 20\n(iv) whether or not the person is, in the opinion of the\nauthorised member or court, incapacitated by\nintoxication, injury or use of a drug or is otherwise in\ndanger of physical injury or in need of physical\nprotection;\n(c) the risk (if any) that the accused person would (if released on\nbail) interfere with evidence, witnesses or jurors;\n(d) the risk (if any) that the accused person would (if released on\nbail) commit an offence, a breach of the peace, or a breach of\nthe conditions of bail;\n(e) the risk (if any) that would result from the accused person's\nrelease on bail to the safety or welfare of:\n(i) the alleged victim of the offence; or\n(ii) the close relatives of the alleged victim; or\n(iii) if the alleged victim is a child – any person (other than a\nclose relative) who has the care of the child; or\n(iv) any other person whose safety or welfare could, in the\ncircumstances of the case, be at risk if the accused\nperson were to be released on bail;\n(f) whether a domestic violence order is in force against the\naccused person;\n(g) without limiting paragraph (e), the risk (if any) that the accused\nperson would (if released on bail) commit domestic violence,\nincluding domestic violence against the alleged victim;\n(h) whether the risk of the accused person committing domestic\nviolence if released on bail could be mitigated by:\n(i) imposing a bail condition; or\n(ii) making a domestic violence order under the Domestic\nand Family Violence Act 2007.\nNote for section 24(1)(aa)\nUnder section 7A(2AA), the matter mentioned in this paragraph is the paramount\nconsideration in determining whether bail should be granted to a person accused\nof an offence to which section 7A applies.\nNote for section 24(1)(b)(iiic)\nWhen considering bail, an authorised member or court must have regard to\nsection 15AB(1)(b) of the Crimes Act 1914 (Cth).\n\nBail Act 1982 21\n(2) For this section, the authorised member or court may take into\naccount any evidence or information which the authorised member\nor court considers credible or trustworthy in the circumstances,\nincluding hearsay evidence.\n(3) In assessing risks to others that could result from the release of an\naccused person on bail, the authorised member or court must have\nregard to risks of the following kinds:\n(a) a risk of violence or intimidation;\n(b) a risk of property damage;\n(c) a risk of harassment;\n(d) any other risk to safety or welfare.\n(3A) In assessing the risks to others under subsection (3), the authorised\nmember or court must consider the following:\n(a) the previous, current or proposed living arrangements for an\nalleged victim and for the accused person (assuming the\naccused person's release on bail);\n(b) whether those arrangements include or would include their\nliving in unreasonably close proximity to each other.\n(4) If the alleged victim of an offence is a child, or the alleged offence is\na serious sexual offence or a serious violence offence, the safety\nand welfare of the alleged victim must be considered with particular\ncare.\n(5) In regard to a child's safety and welfare, the following matters are to\nbe considered:\n(a) the child's age;\n(b) the age of the accused person;\n(c) any familial relationship that may exist between the child and\nthe accused person;\n(d) the living arrangements for the child and for the accused\nperson (assuming the accused person's release on bail);\n(e) the desirability of preserving the child's living arrangements\nand family and community relationships;\n(f) the emotional as well as the physical wellbeing of the child;\n(g) any other relevant matter.\n\nBail Act 1982 22\n(6) If an alleged victim expresses concern to the prosecutor that the\nrelease of the accused person on bail could lead to a risk to the\nalleged victim's safety or welfare, the prosecutor must, wherever\npracticable, inform the authorised member or court about that\nconcern and the reasons for it.\n(7) In assessing the risk of the accused person committing domestic\nviolence if released on bail, the authorised member or court must, if\npracticable, consider the opinion (if any) of the alleged victim on\nwhether or not bail should be granted.\n","sortOrder":31},{"sectionNumber":"24A","sectionType":"section","heading":"Criteria to be considered in bail applications for youths","content":"24A Criteria to be considered in bail applications for youths\n(1) This section applies in relation to a determination as to the grant of\nbail to an accused person who is a youth.\n(2) In addition to the criteria mentioned in section 24, an authorised\nmember or a court must take into consideration, so far as they can\nreasonably be ascertained, the following matters:\n(b) the need to strengthen and preserve the relationship between\nthe youth and the youth's family, a responsible adult in relation\nto the youth or the youth's carers;\n(c) the desirability of allowing the living arrangements of the child\nto continue without interruption or disturbance;\n(d) the desirability of allowing the education, training or\nemployment of the youth to continue without interruption or\ndisturbance;\n(f) the likely sentence should the youth be found guilty of the\noffence;\n(g) the youth's prior exposure to, experience of and reaction to\ntrauma;\n(h) the cognitive capacity, health and developmental needs of the\nyouth;\n(i) if the youth is an Aboriginal person – any issues that arise due\nto the youth's Aboriginality, including:\n(i) the youth's cultural background, including the youth's\nties to extended family or place; and\n(ii) any other relevant cultural issue or obligation.\n\nBail Act 1982 23\n(3) The authorised member or court must take into account any\nrecommendation or information in relation to the youth provided by\na bail support service that is prescribed by the Regulations.\n(4) The authorised member or the court must not refuse to grant bail to\na youth on the sole ground that the youth does not have any, or any\nadequate, accommodation.\n","sortOrder":32},{"sectionNumber":"24B","sectionType":"section","heading":"Determining domestic violence risk in bail applications","content":"24B Determining domestic violence risk in bail applications\n(1) In making a determination as to the grant of bail to an accused\nperson, the authorised member or court making the determination\nmust inquire of the prosecutor whether or not a domestic violence\norder is in force against the accused person.\n(2) In making a determination as to the grant of bail to an accused\nperson, an authorised member or court may delay the\ndetermination for a period of time reasonably required to:\n(a) identify whether a domestic violence order is in force against\nthe accused person; and\n(b) in the case of a person arrested for a Territory sexual offence\nor an offence the authorised member or court believes\ninvolves domestic violence – ascertain the alleged victim's\nopinion on whether bail should be granted.\n","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Bail undertakings","content":"25 Bail undertakings\n(1) A person must not be released on bail unless the person\nundertakes, in writing, to appear before such court, on such day\nand at such time and place as are specified in the undertaking.\n(2) A bail undertaking may be given in respect of more than one\n(3) Despite subsection (1), a person who is to appear before the\nSupreme Court may be released on bail if the person undertakes in\nwriting to appear before the Supreme Court at such date, time and\nplace as are specified in the undertaking, or at such other date,\ntime and place as are specified in a notice given to the person or\nthe legal practitioner representing the person by the Director of\nPublic Prosecutions or a person authorised by the Director of Public\nProsecutions in writing in that behalf.\n\nBail Act 1982 24\n(4) A bail undertaking may include an undertaking, if bail is continued,\nto appear at a time and place at which proceedings in respect of the\noffence may be continued, whether upon an adjournment or\notherwise.\n(5) An accused person who is granted bail is under a duty to appear in\nperson before a court in accordance with the bail undertaking.\n","sortOrder":34},{"sectionNumber":"26","sectionType":"section","heading":"Persons to whom bail undertaking may be given","content":"26 Persons to whom bail undertaking may be given\nA bail undertaking may be given to:\n(a) a court; or\n(b) an authorised member; or\n(c) a registrar of the Local Court; or\n(d) the sheriff or a deputy sheriff; or\n(e) the Commissioner of Correctional Services; or\n(f) the CEO (Youth Justice).\n","sortOrder":35},{"sectionNumber":"27","sectionType":"section","heading":"Conditions of bail","content":"27 Conditions of bail\n(1) Bail may be granted unconditionally or subject to conditions\nimposed by instrument in writing.\n(2) One or more of the following conditions may be imposed on the\ngrant of bail under this section:\n(a) that the accused person enter into an agreement (a conduct\nagreement) to observe specified requirements as to the\naccused person's conduct while on bail, other than financial\nrequirements (whether for the giving of security, the depositing\nof money, the forfeiture of money or otherwise);\n(b) that one or more than one acceptable person, other than the\naccused person, acknowledge that the acceptable person is\nacquainted with the accused person and that the acceptable\nperson regards the accused person as a responsible person\nwho is likely to comply with the bail undertaking;\n(c) that the accused person enter into an agreement, without\nsecurity, to forfeit a specified amount of money if the accused\nperson fails to comply with the bail undertaking;\n\nBail Act 1982 25\n(d) that one or more than one acceptable person, other than the\naccused person, enter into an agreement or agreements,\nwithout security, to forfeit a specified amount or specified\namounts of money if the accused person fails to comply with\nthe bail undertaking;\n(e) that the accused person enter into an agreement, and deposit\nacceptable security, to forfeit a specified amount of money if\nthe accused person fails to comply with the bail undertaking;\n(f) that one or more than one acceptable person, other than the\naccused person, enter into an agreement or agreements, and\ndeposit acceptable security, to forfeit a specified amount or\nspecified amounts of money if the accused person fails to\ncomply with the bail undertaking;\n(g) that the accused person deposit with an authorised member or\na court a specified amount of money in cash and enter into an\nagreement to forfeit the amount deposited if the accused\nperson fails to comply with the bail undertaking;\n(h) that one or more than one acceptable person, other than the\naccused person, deposit with an authorised member or a court\na specified amount or specified amounts of money in cash and\nenter into an agreement or agreements to forfeit the amount or\namounts deposited if the accused person fails to comply with\nthe bail undertaking;\n(j) where:\n(i) bail is granted by a court; and\n(ii) the offence with respect to which the application is made\nis an offence punishable by a term of imprisonment for\n2 years or more, or, by payment of a maximum penalty\nof, or of not more than an amount equal to, 85 penalty\nunits;\nthat the accused person surrender every passport, whether\nAustralian or foreign, held by the accused person.\n(3) The determination as to:\n(a) which person or persons, or class or description of persons,\nare acceptable persons for a condition referred to in\nsubsection (2)(b), (d), (f) or (h) and the number of acceptable\npersons required for those purposes; or\n(b) the nature and sufficiency of security that is acceptable\nsecurity for a condition referred to in subsection (2)(e) or (f);\n\nBail Act 1982 26\nmust be made by:\n(c) the authorised member or the court imposing the condition; or\n(d) in the absence of a determination by the authorised member\nor the court referred to in paragraph (c) – the court or person\nto whom the bail undertaking is given.\n(3A) Where a court imposes a bail condition under subsection (2)(j):\n(a) the passport or passports must be given to the Registrar or\nother appropriate officer of the court;\n(b) the Registrar or other appropriate officer of the court must\ncause the passport or passports to be kept in such custody as\nhe or she thinks fit for such period, or on the occurrence of\nany contingency, as is specified by the court; and\n(c) the passport or passports must, in accordance with the terms\nspecified under paragraph (b), be returned to the accused\nperson unless the court orders otherwise.\n(3B) Where a court imposes a condition on the grant of bail under\nsubsection (2)(j) and an Australian passport is surrendered in\ncompliance with the condition, the Registrar or appropriate officer of\nthe court must, as soon as is practicable, give to the Minister\nadministering the Australian Passports Act 2005 (Cth) a copy of the\norder.\n(4) The Regulations may require an acknowledgement under this\nsection to contain such details, to be provided by the person\nmaking the acknowledgement, as are prescribed relating to the\ncircumstances in which the person is acquainted with the accused\nperson.\n(5) An agreement or acknowledgement under this section must be in\nwriting.\n(6) A condition, agreement or acknowledgement under this section\nmay be entered into or made in respect of more than one offence.\n","sortOrder":36},{"sectionNumber":"27A","sectionType":"section","heading":"Conduct agreements","content":"27A Conduct agreements\n(1) A conduct agreement may:\n(a) prohibit an accused person from associating, or being in\ncompany, with one or more specified persons; or\n(b) require an accused person to keep away from one or more\nspecified persons or from persons of a specified class; or\n\nBail Act 1982 27\n(c) prohibit an accused person from communicating in any way\n(directly or indirectly) with one or more specified persons, or\nwith a person of a specified class; or\n(d) prohibit an accused person from being within a particular\nlocality or area; or\n(e) prohibit an accused person from being outside a particular\nlocality or area; or\n(ea) require an accused person to reside at a place that is declared\nby the Minister, by Gazette notice, to be supported bail\naccommodation; or\n(f) require an accused person to reside at a specified place; or\n(g) require the accused person to report at specified intervals at a\npolice station or other place; or\n(h) prohibit an accused person from consuming alcohol or using a\ndrug (other than a drug as prescribed for the person by a\nhealth practitioner); or\n(ha) require an accused person who is the subject of a prohibition\nmentioned in paragraph (h) to submit to testing by an\nauthorised person to monitor compliance with the prohibition;\nor\n(i) prohibit an accused person from engaging in conduct of any\nother specified kind; or\n(iaa) for bail granted by an authorised member – require the\naccused person:\ndestroy or otherwise interfere with, an approved police\nmonitoring device; and\n(ii) to comply with the reasonable directions of a police\nofficer in the use of the device; or\n(iab) for bail granted by a court – require the accused person:\ndestroy or otherwise interfere with, an approved police\nmonitoring device; and\n(ii) to comply with the reasonable directions of a police\nofficer in the use of the device; or\n\nBail Act 1982 28\n(ia) for bail granted by a court – require the accused person:\ndestroy or otherwise interfere with, an approved\nmonitoring device while on bail or the lesser period\nordered by the court; and\n(ii) to allow the placing or installation in, and retrieval from, a\nspecified place of anything necessary for the effective\noperation of the monitoring device; or\n(ib) for bail granted by a court – require the accused person:\n(i) to give a sample of the accused person's voice for use\nwith an approved monitoring device; and\n(ii) to comply with the reasonable directions of a probation\nand parole officer or community youth justice officer in\nthe use of the device for the effective monitoring of the\naccused person's activities while on bail; or\n(j) contain a combination of 2 or more of the above.\n(2) A conduct agreement operates (subject to its terms) throughout the\nperiod for which the accused person is on bail.\n(2A) A provision of a conduct agreement that aims to ensure compliance\nby the accused person with another provision of the agreement is\nan ancillary provision.\nExample for subsection (2A)\nA provision as mentioned in subsection (1)(g), (ha), (iaa), (iab), (ia) or (ib).\n(2B) The Regulations may make provision about a matter relating to an\nancillary provision.\n(3) A conduct agreement may be subject to exceptions and\nqualifications stated in the agreement.\nExample\nA conduct agreement might permit the accused person to leave a particular\nlocality, contrary to a prohibition under subsection (1)(e), with a particular\npermission or in specified circumstances.\n(4) Contravention of a provision of a conduct agreement is to be\nregarded as a breach of a condition of bail.\n(5) A court may excuse a contravention of a conduct agreement if\nsatisfied that the accused person had a reasonable excuse for the\ncontravention.\n\nBail Act 1982 29\nauthorised person means:\n(a) a police officer; and\n(b) any other person or class of persons prescribed by the\nRegulations.\nhealth practitioner means a person registered under the Health\nPractitioner Regulation National Law to practise in a health\nprofession (other than as a student).\n","sortOrder":37},{"sectionNumber":"27B","sectionType":"section","heading":"Monitoring compliance with certain conduct agreements","content":"27B Monitoring compliance with certain conduct agreements\n(1AA) Subsection (1AB) applies if an accused person has entered into a\nconduct agreement containing a provision mentioned in\nsection 27A(1)(iaa) or (iab).\n(1AB) A police officer may:\n(a) place on, attach to or remove from the accused person an\napproved police monitoring device; and\n(b) give reasonable directions to the accused person regarding\nthe use of the device.\n(1) Subsection (2) applies if:\n(a) a conduct agreement is in force for an accused person other\nthan a youth; and\n(b) the agreement is subject to a provision as mentioned in\nsection 27A(1)(ia) or (ib).\n(2) While the provision is in force, Part 4.1 of the Correctional Services\nAct 2014 applies in relation to the accused person as if a reference:\n(a) to a person for whom a monitoring order is in force were a\nreference to the accused person; and\n(b) to a monitoring order were a reference to the conduct\nagreement.\nAccordingly, Part 4.1 of the Correctional Services Act 2014 as applied by\nsubsection (2) provides powers for probation and parole officers for ensuring the\naccused person is complying with the conduct agreement.\n\nBail Act 1982 30\n(3) Subsection (4) applies if:\n(a) a conduct agreement is in force for an accused person who is\na youth; and\n(b) the agreement is subject to a provision as mentioned in\nsection 27A(1)(ia) or (ib).\n(4) While the provision is in force, Part 6AA of the Youth Justice\nAct 2005 applies in relation to the accused person as if a reference:\n(a) to a youth who is subject to a monitoring order were a\nreference to the accused person; and\n(b) to a monitoring order were a reference to the conduct\nagreement.\nNote for subsection (4)\nAccordingly, Part 6AA of the Youth Justice Act 2005 as applied by subsection (4)\nprovides powers for community youth justice officers for ensuring the accused\nperson is complying with the conduct agreement.\n","sortOrder":38},{"sectionNumber":"28","sectionType":"section","heading":"Imposition of bail conditions","content":"28 Imposition of bail conditions\n(1) Subject to subsection (2AA), an authorised member or a court\nmust, in granting bail, impose conditions that appear necessary to\nminimise risks to the safety or welfare of others, or to the proper\nadministration of justice, that may result from releasing the accused\nperson on bail.\n(2) The conditions must be reasonably proportionate to the risks.\n(2A) Without limiting subsection (2), if the accused person is a youth, an\nauthorised member or the court must also take into consideration\nthe following:\n(a) the need to ensure the conditions of the grant of bail are no\nmore onerous than are necessary and do not constitute unfair\nmanagement of the youth;\n(b) the age, health, maturity and circumstances of the youth,\nincluding the youth's home environment;\n(c) the capacity of the youth to comply with the conditions.\n(2AA) An authorised member or court must, in granting bail to a person\naccused of an offence mentioned in section 7A (1)(de), (dea) or\n(df), impose a condition requiring the person to enter into a conduct\nagreement containing:\n(a) a provision mentioned in section 27A(1)(iaa), (iab) or (ia); or\n\nBail Act 1982 31\n(b) if the authorised member or court determines it is not\npracticable to include a provision mentioned in\nsection 27A(1)(iaa), (iab) or (ia) – a provision mentioned in\nsection 27A(1)(ea); or\n(c) if the authorised member or court determines it is not\npracticable to include a provision mentioned in\nsection 27A(1)(ea), (iaa), (iab) or (ia) – a provision mentioned\nin section 27A(1)(f).\n(2B) Without limiting subsection (2), the authorised member or court\nmust ensure any condition imposed is consistent with the content of\nany domestic violence order in force against the accused person.\n(3) In addition, an authorised member may impose a condition that the\naccused person enter into a conduct agreement containing a\nprovision mentioned in section 27A(1)(iaa) only if:\n(a) under the conduct agreement, the accused person will be\nrequired to reside at a specified place; and\n(b) the authorised member is satisfied that the accused person is\na suitable person for the provision.\n(3A) A court may impose a condition that the accused person enter into\na conduct agreement containing a provision mentioned in:\n(a) section 27A(1)(iab) – only if:\n(i) immediately before the accused person appeared before\nthe court, a conduct agreement containing a provision\nmentioned in section 27A(1)(iaa) was in force for the\naccused person; and\n(ii) the court orders that an assessment report in relation to\nthe accused person be prepared; or\n(b) section 27A(1)(ia) or (ib) – only if satisfied, after considering\nan assessment report in relation to the accused person, that\nthe accused person is a suitable person for the provision.\n(3B) Despite subsection (3A), a court may impose a condition that an\naccused person who is a youth enter into a conduct agreement\ncontaining a provision mentioned in section 27A(1)(iab) if the court\norders the preparation of an assessment report in relation to the\nyouth but the report has not been provided to the court.\n(4) To avoid doubt, a bail condition that the accused person enter into\na conduct agreement containing an ancillary provision is not invalid\nonly on the grounds the ancillary provision is not necessary to\n\nBail Act 1982 32\nminimise risks to the safety or welfare of others or for the\nadministration of justice.\n(5) In this section:\nassessment report means a report assessing the suitability of an\naccused person to enter into a conduct agreement containing a\nprovision mentioned in section 27A(1)(ia) or (ib), prepared by:\n(a) if the accused person is a youth – the CEO (Youth Justice); or\n(b) otherwise – the Commissioner of Correctional Services.\n","sortOrder":39},{"sectionNumber":"29","sectionType":"section","heading":"Entry into agreement","content":"29 Entry into agreement\nExcept as prescribed by the Regulations, where an authorised\nmember or a court imposes a bail condition under section 27 that\nrequires:\n(a) the entering into of an agreement – the agreement may be\nentered into with; or\n(b) the making of an acknowledgment – the acknowledgement\nmay be made to; or\n(c) the depositing of security or an amount of – the deposit may\nbe made with;\nthe court or person to whom the bail undertaking is given.\n","sortOrder":40},{"sectionNumber":"30","sectionType":"section","heading":"Provisions relating to money or security","content":"30 Provisions relating to money or security\n(1) A receipt must be given for any money or security deposited\npursuant to a bail condition.\n(2) Where a security or an amount of money is deposited with a person\npursuant to section 29(c), otherwise than at a court, under an\nagreement entered into as a condition imposed on the grant of bail\nto an accused person, the person with whom the security or money\nis deposited must, as soon as practicable, cause it, together with\nthe form of undertaking and agreement, to be lodged with the court\nbefore which the accused person is required by the bail undertaking\nto appear.\n(3) Where a security or an amount of money is deposited under an\nagreement entered into as a condition imposed on the grant of bail\nto an accused person, and the accused person appears before the\ncourt in accordance with the bail undertaking, then an amount equal\nto the security or the amount of money must be returned to the\nperson by whom it was deposited.\n\nBail Act 1982 33\n","sortOrder":41},{"sectionNumber":"31","sectionType":"section","heading":"Discharge of liability of persons other than accused","content":"31 Discharge of liability of persons other than accused\n(1) Where a person other than the accused person has entered into an\nagreement under section 27(2)(d), (f) or (h), the person may,\nsubject to subsection (5), at any time apply:\n(a) where the bail was granted by a court:\n(i) to the court which granted the bail; or\n(ii) to the court of appearance; or\n(b) where the bail was granted by an authorised member – to the\ncourt of appearance;\nto discharge the applicant from liability under the agreement.\n(2) On an application being made under subsection (1), the court must,\nif the accused person is not then in custody or before the court:\n(a) issue a warrant to apprehend the accused person and bring\nthe accused person before the court; or\n(b) issue a summons for the accused person's appearance before\nthe court.\n(3) On the appearance of the accused person before the court, the\ncourt must, unless satisfied that it would be unjust to do so, direct\nthat the applicant be discharged from liability under the agreement,\nand the applicant is, upon the direction being given, discharged\naccordingly.\n(4) If the court discharges the applicant from liability under the\nagreement, the court may impose further conditions on the grant of\nbail, and may by warrant commit the accused person into the\ncustody of the Commissioner of Correctional Services or CEO\n(Youth Justice) until the accused person enters into the further\nconditions.\n(5) A person may not make an application under this section if the\naccused person has failed to comply with his bail undertaking or an\nagreement entered into by the accused person pursuant to a bail\ncondition.\ncourt of appearance means the court before which the accused\nperson is required to appear in accordance with the accused\nperson's bail undertaking.\n\nBail Act 1982 34\n","sortOrder":42},{"sectionNumber":"Div 4","sectionType":"division","heading":"Continuation of bail","content":"Division 4 Continuation of bail\n","sortOrder":43},{"sectionNumber":"32","sectionType":"section","heading":"Continuation of bail","content":"32 Continuation of bail\n(1) If a bail undertaking includes an undertaking to appear at a time\nand place at which proceedings in respect of the offence may be\ncontinued, whether upon an adjournment or otherwise, a court may,\nas it thinks fit, continue bail already granted in respect of the\noffence, whether or not the accused person then appears in person.\n(2) Where bail is continued, the bail undertaking and the bail conditions\ncontinue to apply, except to the extent that a condition or\nagreement thereunder otherwise provides or the court otherwise\norders.\n","sortOrder":44},{"sectionNumber":"33","sectionType":"section","heading":"Review","content":"33 Review\n(1) An authorised member must ensure that:\n(a) the person charged is made aware of the determination of the\nmember with respect to the granting of or the refusal to grant\nbail as soon as practicable after that determination is made;\nand\n(b) the person charged is aware of the person's right to apply to\nthe Local Court for a review of that determination in the\ncircumstances mentioned in subsection (3); and\n(c) as far as is practicable, the person charged is able to\ncommunicate with a legal practitioner or any other person in\nconnection with an application to the Local Court under this\n(2) An authorised member may refrain from complying with\nsubsection (1)(c) if the member believes on reasonable grounds\nthat it is necessary to do so in order to prevent:\n(a) the escape of an accomplice of the person charged; or\n(b) the loss, destruction or fabrication of evidence relating to an\n\nBail Act 1982 35\n(3) The person charged may apply to the Local Court for a review\nunder this section of any of the following matters:\n(a) a decision by an authorised member to refuse to grant bail to\nthe person;\n(b) a failure of an authorised member to determine whether or not\nto grant bail to the person within 4 hours after the person was\ncharged;\n(c) a determination by an authorised member to grant bail to the\nperson subject to conditions (other than a bail undertaking)\nwith which:\n(i) the person is unable or unwilling to comply; or\n(ii) the person is unable or unwilling to arrange for another\nperson to comply.\n(4) Where the person charged indicates to a police officer that the\nperson wishes to make an application under subsection (3), the\nmember must, as soon as practicable after the person gives that\nindication, bring or arrange for the person to be brought before the\nLocal Court or must arrange for the person to make an application\nto the Local Court by telephone, telex, radio or similar facility.\nNote for subsection (4)\nSection 49E(8) of the Evidence Act 1939 provides that a requirement that a\nperson be before a court is taken to be satisfied if the person is before the court\nby way of a communication link in accordance with Part 5, Division 2 of that Act.\n(5) If a person who may make an application under subsection (3) for a\nmatter has not done so, the Local Court may, at the initiative of the\nLocal Court, review that matter.\n(6) In reviewing a matter under subsection (3) or (5), the Local Court\nmust:\n(a) for a matter mentioned in subsection (3)(a) or (c):\n(i) review the decision or determination; and\n(ii) confirm or vary the decision or determination (including\nvarying or imposing conditions of bail for the person); or\n(b) for a matter mentioned in subsection (3)(b) – determine\nwhether or not to grant bail to the person (including imposing\nconditions of bail if bail is to be granted).\n\nBail Act 1982 36\n(7) The Local Court:\n(a) must give the person, his or her legal representative and the\nauthorised member reasonable opportunity to make\nsubmissions for subsection (6); and\n(b) may make any order for exercising the power of the Local\nCourt under this section.\n","sortOrder":45},{"sectionNumber":"34","sectionType":"section","heading":"Review by Court of bail decision made by Court","content":"34 Review by Court of bail decision made by Court\n(1) The Local Court constituted by a Local Court Judge may review a\ndecision in relation to bail made by the Local Court constituted by:\n(a) the same Judge; or\n(b) a different Judge, if the Local Court as originally constituted\ncannot conveniently be reconvened; or\n(c) one or more justices of the peace.\n(2) The Local Court constituted by one or more justices of the peace\nmay review a decision in relation to bail made by the Court\nconstituted by:\n(a) the same justice of the peace or justices of the peace; or\n(b) a different justice of the peace or different justices of the\npeace, if the Local Court as originally constituted cannot\nconveniently be reconvened.\n(3) For this section, the Local Court constituted by a particular person\nor persons cannot conveniently be reconvened to deal with a\nreview if the person or any one of the persons is:\n(a) by reason of illness, absence or other cause, not available to\ndeal with the proceedings when the request for review is\nmade; and\n(b) not likely to be available within 24 hours after the request is\nmade.\n","sortOrder":46},{"sectionNumber":"35","sectionType":"section","heading":"Review by Supreme Court","content":"35 Review by Supreme Court\n(1) Subject to this Act, the Supreme Court may review a decision of the\nLocal Court or of the Supreme Court (however constituted) in\nrelation to bail.\n\nBail Act 1982 37\n(2) The power to review a decision pursuant to this section may be\nexercised whether or not power to do so under section 34 has\nbeen, or has been sought to be, exercised.\n","sortOrder":47},{"sectionNumber":"36","sectionType":"section","heading":"Provisions relating to review of bail decisions","content":"36 Provisions relating to review of bail decisions\n(1) The power under section 34 or 35 to review a bail decision:\n(a) may only be exercised at the request of the accused person,\nthe informant or complainant, being a police officer, or the\nDirector of Public Prosecutions; and\n(b) includes the power to affirm or vary the decision or to\nsubstitute another decision.\n(2) A decision as varied or substituted under subsection (1) must be in\nconformity with this Act.\n(3) The review of a decision is by way of rehearing, and evidence or\ninformation in addition to, or in substitution for, the evidence or\ninformation given or obtained on the making of the decision may be\ngiven or obtained on the review.\n(4) Where, on a review under this Division of a decision, bail for an\naccused person is revoked, the Local Court may by warrant commit\nthe person into the custody of the Commissioner of Correctional\nServices or CEO (Youth Justice).\n(5) Where, on a review under this Division of a decision:\n(a) bail is granted unconditionally and no bail undertaking has\nbeen given by the accused person; or\n(b) a bail condition is imposed;\nthe Local Court may by warrant commit the person into the custody\nof the Commissioner of Correctional Services or CEO (Youth\nJustice) until the person gives the undertaking or enters into the\ncondition, as the case may be.\n(6) A court may refuse to entertain a request to review, under this\nDivision, a decision if the court is satisfied that the request is\nfrivolous or vexatious.\n(7) The Regulations may make provisions for or in relation to:\n(a) the manner of making a request to review under this Division a\ndecision in relation to bail; and\n\nBail Act 1982 38\n(b) the giving or sending to persons of notices relating to the\nproposed exercise of the power to review under this Division a\ndecision in relation to bail; and\n(c) the circumstances in which such a power may be exercised in\nthe absence of the accused person or the accused person's\nrepresentative as if the accused person or representative were\npresent.\n","sortOrder":48},{"sectionNumber":"36A","sectionType":"section","heading":"Immediate review and stay of decision to grant bail","content":"36A Immediate review and stay of decision to grant bail\n(1) This section applies if:\n(a) the Local Court decides to release an accused person on bail;\nand\n(b) a police officer or legal practitioner appearing for the Crown\nimmediately informs the Local Court that a request for review\nof the decision is to be made to the Supreme Court under this\n(2) The decision of the Local Court is stayed.\n(3) The accused person must not be released while the stay of the\ndecision has effect under this section.\n(4) The stay of the decision has effect until the earliest of the following:\n(a) the Supreme Court affirms or varies the decision or substitutes\nanother decision for the decision of the Local Court;\n(b) a police officer or legal practitioner appearing for the Crown\nfiles in the Supreme Court a notice that the Crown does not\ndesire to proceed with the review;\n(c) 4 pm on the day that is 3 business days after the day the\ndecision was made.\n(5) The Supreme Court may extend the time referred to in\nsubsection (4)(c) if the Supreme Court thinks that it is appropriate to\ndo so in the circumstances.\n(6) The Supreme Court may exercise its power under subsection (5)\nmore than once.\n(7) The request for the review of the decision must be dealt with as\nexpeditiously as possible.\n(8) The review is by way of rehearing.\n\nBail Act 1982 39\n(9) Evidence or information in addition to, or in substitution for, the\nevidence or information given or obtained on the making of the\ndecision may be given or obtained on the review.\n(10) A decision as varied or substituted under subsection (4)(a) must\nconform with this Act.\n(11) If the person is released because of subsection (4)(b) or (c), the\nconditions of bail are those that would have applied had the\ndecision not been stayed.\n(12) In this section:\nbusiness day means a day other than a Saturday, Sunday or\npublic holiday.\n","sortOrder":49},{"sectionNumber":"37","sectionType":"section","heading":"Right of accused to apply for bail","content":"37 Right of accused to apply for bail\nSubject to section 36A, this Part does not limit the right of an\naccused person in custody to apply for bail, and the accused\nperson may so apply for bail even if that the power to review a\ndecision already made in relation to the grant of bail to the accused\nperson has not been, or has not been sought to be, exercised\nunder this Part.\n","sortOrder":50},{"sectionNumber":"Part 7","sectionType":"part","heading":"Non-compliance with undertaking or","content":"Part 7 Non-compliance with undertaking or\nconditions\n","sortOrder":51},{"sectionNumber":"37B","sectionType":"section","heading":"Offence to breach bail","content":"37B Offence to breach bail\n(1) A person commits a bail offence if:\n(a) the person is granted bail for an offence; and\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in a breach of the person's bail\nundertaking for the original offence and the person is reckless\nin relation to the result.\n(2) A person commits a bail offence if:\n(a) the person is granted bail for an offence; and\n(b) the person intentionally engages in conduct; and\n\nBail Act 1982 40\n(c) the conduct results in a breach of a condition of the grant of\nbail for the original offence and the person is reckless in\nrelation to the result.\n(3) Strict liability applies to subsections (1)(a) and (2)(a).\n(5) It is a defence to a prosecution for a bail offence if the defendant\nhas a reasonable excuse.\n(6) A penalty imposed for the bail offence must not exceed the\nmaximum penalty that may be imposed for the original offence.\n","sortOrder":52},{"sectionNumber":"37C","sectionType":"section","heading":"Hearing procedures for bail offence – general","content":"37C Hearing procedures for bail offence – general\n(1) This section applies to proceedings for a charge of a bail offence.\n(2) The proceedings may be commenced at any time.\n(3) The charge must be heard and determined by:\n(a) if the court to which the offender's bail undertaking to appear\nfor the original offence is the Supreme Court or Court of\nCriminal Appeal – the Supreme Court; or\n(b) otherwise – the court to which the offender's bail undertaking\nto appear is given for the original offence.\n","sortOrder":53},{"sectionNumber":"37D","sectionType":"section","heading":"Hearing procedures for bail offence – Supreme Court","content":"37D Hearing procedures for bail offence – Supreme Court\n(1) This section applies if, under section 37C(3), the Supreme Court is\nto hear and determine a charge of a bail offence.\n(2) Despite another law of the Territory, the Court must hear and\ndetermine the charge in a summary way.\n(3) Subject to subsections (4) to (7), the proceedings must be\ncommenced and conducted (with the necessary changes and\nchanges prescribed by rules of court) as if the offence were a\nsummary offence.\n(4) The proceedings must be commenced by the complainant for the\noriginal offence or any police officer.\n(5) The proceedings must be conducted by the Director of Public\nProsecutions.\n(6) A fee is not payable for a matter or thing required or permitted to be\ndone for the proceedings.\n\nBail Act 1982 41\n(7) In addition, the Supreme Court must not order a party to the\nproceedings to pay another party's costs of or relating to the\nproceedings.\n(8) Section 51 of the Supreme Court Act 1979 applies to the Supreme\nCourt's determination on the charge.\n","sortOrder":54},{"sectionNumber":"38","sectionType":"section","heading":"Arrest for absconding or breach of condition","content":"38 Arrest for absconding or breach of condition\n(1) If a police officer believes on reasonable grounds that a person who\nhas been released on bail has, while on bail, failed to comply with,\nor is, while on bail, about to fail to comply with, the person's bail\nundertaking or an agreement entered into by the person pursuant to\na bail condition:\n(a) a police officer may arrest the person without warrant and take\nthe person as soon as practicable before a court; or\n(b) a Local Court Judge or justice of the peace may:\n(i) issue a warrant to apprehend the person and bring the\nperson before a court; or\n(ii) issue a summons for the person's appearance before a\ncourt.\n(2) The court before which the person is brought or appears may:\n(a) release the person on the person's original bail; or\n(b) revoke the person's original bail and otherwise deal with the\nperson according to law.\n(2A) However, the court must revoke bail if:\n(a) both of the following circumstances apply:\n(i) the person was charged with a serious violence offence\nor an offence against which section 7A applies and\nreleased on bail despite a presumption against bail;\n(ii) the court finds that the person has breached a bail\nundertaking or a condition of bail; or\n(b) the person, for whom a conduct agreement is in force and the\nagreement contains a provision as mentioned in\nsection 27A(1)(ia), breaches a condition of bail by\ncontravening that provision of the conduct agreement.\n\nBail Act 1982 42\n(3) If the court revokes the person's original bail, the court or any other\ncourt before which the person is brought or appears:\n(a) may grant bail to the person in accordance with this Act; or\n(b) may, despite anything in this Act, refuse to grant bail to the\nperson and by warrant commit the person into the custody of\nthe Commissioner of Correctional Services or CEO (Youth\nJustice).\n(4) Nothing in this section limits the rights of an accused person in\ncustody to apply for bail.\n","sortOrder":55},{"sectionNumber":"38A","sectionType":"section","heading":"Certain costs recoverable by Territory","content":"38A Certain costs recoverable by Territory\nIf an accused person destroys or damages an approved monitoring\ndevice or approved police monitoring device:\n(a) the accused person is liable to pay the costs of restoring or\nreplacing the device; and\n(b) the costs may be recovered from the accused person as a\ndebt payable to the Territory.\n","sortOrder":56},{"sectionNumber":"39","sectionType":"section","heading":"Failure to appear","content":"39 Failure to appear\nWhere a person fails to appear before a court in accordance with\nthe person's bail undertaking, the court may issue a warrant to\napprehend the person and bring the person before the court.\n","sortOrder":57},{"sectionNumber":"40","sectionType":"section","heading":"Enforcement of bail undertakings etc.","content":"40 Enforcement of bail undertakings etc.\n(1) Where:\n(a) an accused person fails to comply with the person's bail\nundertaking or a bail condition; and\n(b) the person or another person has entered into an agreement\npursuant to a bail condition to forfeit an amount of money;\nthe court before which the accused person was required to appear\nin accordance with the bail undertaking may order that the amount\nreferred to in paragraph (b) be forfeited and paid to the Territory.\n(2) If security or an amount of money has been deposited under an\nagreement entered into as a condition of the grant of bail to an\naccused person, a court may, when making an order under\nsubsection (1), make a further order that the security or amount of\nmoney so deposited be applied in or towards payment of the\namount ordered to be forfeited.\n\nBail Act 1982 43\n(2A) If a court makes an order under subsection (1), the court may, on\napplication by the person in relation to whom the order is made or\nof its own motion:\n(a) reduce the amount of the forfeiture; or\n(b) confirm, rescind or suspend its order.\n(3) A court must endorse or cause to be endorsed on the bail\nundertaking of an accused person particulars of every order made\nunder subsection (1) or (2).\n(4) Subject to subsection (5), Part 8 of the Fines and Penalties\n(Recovery) Act 2001 applies to a bail undertaking that is ordered by\na court to be forfeited and payment is to be enforced under that Act.\n(5) If a court orders forfeiture of a bail undertaking, the court may order\nthat if the forfeited amount is not paid within 28 days the accused\nperson is to be imprisoned until his or her liability to pay the\nforfeited amount is discharged.\n(6) If a court makes an order under subsection (5) and the forfeited\namount is not paid within 28 days, the court may issue a warrant of\ncommitment in respect of the accused person specifying the period\nof imprisonment calculated on the basis of the amount forfeited as\nfollows:\n(a) the period is to be one day for each amount (or part of the\namount) that is prescribed for section 88 of the Fines and\nPenalties (Recovery) Act 2001 that comprises the amount\nforfeited;\n(b) the period is not to be less than one day;\n(c) the period is not to exceed 3 months.\n(7) If the accused person serves the total period of imprisonment under\na warrant under subsection (6), the forfeiture is taken to be\nsatisfied.\n(8) If the accused person serves part of the period of imprisonment\nunder a warrant under subsection (6), the forfeiture is taken to be\npartially satisfied by the amount calculated at the rate prescribed for\nthe purposes of section 88 of the Fines and Penalties (Recovery)\nAct 2001 for each day actually served.\n\nBail Act 1982 44\n(9) Unless otherwise ordered by the court, any period of imprisonment\nthat the accused person has to serve as a result of an order under\nsubsection (5) is to be served:\n(a) cumulatively on any incomplete sentence or sentences of\nimprisonment imposed on the person for the default of a\npayment of a fine or sum of money; and\n(b) concurrently with any incomplete sentence or sentences of\nimprisonment imposed on the person other than for the default\nof a payment of a fine or sum of money, whether the other\nsentence was or the other sentences were imposed before or\nat the same time as that term.\n","sortOrder":58},{"sectionNumber":"41","sectionType":"section","heading":"Suspension or mitigation of forfeiture","content":"41 Suspension or mitigation of forfeiture\n(1) A court may, when making an order under section 40(1), determine\nthat the liability of all or any of the persons liable upon or in respect\nof an agreement mentioned in section 40(1)(b) must be remitted,\nsuspended or reduced.\n(2) Where an order has been made under section 40(1), the court may,\nat any time, order:\n(a) that the order for forfeiture and payment to the Territory made\nunder section 40(1) be cancelled or suspended; or\n(b) that the liability of all or any of the persons liable upon or in\nrespect of the agreement mentioned in section 40(1)(b) must\nbe remitted, suspended or reduced, or both.\n(3) The court, in making an order under subsection (2), may:\n(a) impose such terms and conditions as it thinks fit; and\n(b) make any order consequential on or incidental to such an\norder.\n(4) An order made under this section does not affect the validity of\nanything done to enforce the order under section 40(1) before\nmaking the first-mentioned order.\n\nBail Act 1982 45\n","sortOrder":59},{"sectionNumber":"42","sectionType":"section","heading":"Notices","content":"42 Notices\n(1) The court or person to whom a bail undertaking is given by an\naccused person must immediately give or cause to be given to the\naccused person:\n(a) a copy of the undertaking or a notice setting out the terms of\nthe undertaking; and\n(b) a copy of the bail conditions, if any, imposed or a notice\nsetting out the terms of such conditions.\n(2) The court or person to or with whom a person other than the\naccused person makes an acknowledgement, agreement or deposit\nof security or money pursuant to a bail condition must immediately\ngive or cause to be given to that other person a copy of the\ncondition or a notice setting out the terms of the condition.\n(3) Where a bail condition is imposed or varied on a review under\n","sortOrder":60},{"sectionNumber":"Part 6","sectionType":"part","heading":"of a decision in relation to bail, the court carrying out that","content":"Part 6 of a decision in relation to bail, the court carrying out that\nreview must give or cause to be given to:\n(a) the accused person; and\n(b) to any other person who makes an acknowledgement or\nenters into an agreement pursuant to the condition;\na copy of the condition or a notice setting out the terms of the\ncondition.\n(4) A court may, in any of the circumstances mentioned in\nsubsections (1) to (3), give or cause to be given to a person not\nreferred to in those subsections, but whom it considers may be\ninterested in or affected by a bail condition as imposed or varied, a\ncopy of that bail condition or a notice setting out the terms of that\nbail condition.\n","sortOrder":61},{"sectionNumber":"43","sectionType":"section","heading":"Writ of habeas corpus","content":"43 Writ of habeas corpus\nExcept where expressly provided by this Act, nothing in this Act\naffects the powers of the Supreme Court in connection with writs of\nhabeas corpus.\n","sortOrder":62},{"sectionNumber":"44","sectionType":"section","heading":"Misleading information in acknowledgements","content":"44 Misleading information in acknowledgements\n(1) A person commits an offence if the person:\n(a) makes an acknowledgement under section 27(2)(b); and\n\nBail Act 1982 46\n(b) knows that the acknowledgement contains misleading\ninformation.\n(2) Strict liability applies to subsection (1)(a).\n(3) In this section:\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n","sortOrder":63},{"sectionNumber":"45","sectionType":"section","heading":"Indemnification of acceptable person","content":"45 Indemnification of acceptable person\n(1) This section applies if:\n(a) a person (person A) and another person (person B) enter\ninto an agreement; and\n(b) the agreement is that person A will indemnify person B against\nany forfeiture that person B may incur as a result of entering\ninto an agreement under section 27 as an acceptable person.\n(2) If subsection (1) applies, person A and person B each commit an\nMaximum penalty: 300 penalty units or imprisonment for\n3 years.\n(3) This section also applies if:\n(a) a person (person C) engages in conduct; and\n(b) the conduct results in the indemnification of another person\n(person D) against any forfeiture that person D incurs as a\nresult of entering into an agreement under section 27 as an\nacceptable person.\n(4) If subsection (3) applies, person C and person D each commit an\nMaximum penalty: 300 penalty units or imprisonment for\n3 years.\n(5) Strict liability applies:\n(a) to subsection (1)(b) in relation to person B; or\n(b) to subsection (3)(b) in relation to person D.\n\nBail Act 1982 47\nindemnify includes compensate in a way that is not monetary.\n","sortOrder":64},{"sectionNumber":"46","sectionType":"section","heading":"Civil standard of proof for certain purposes","content":"46 Civil standard of proof for certain purposes\nWhere an authorised member or a court, in making a decision in\nrelation to bail (other than a decision in proceedings for an offence\ncommitted in connection with bail) is to be or may be satisfied as to\nany matter, it is sufficient if the authorised member or the court is\nsatisfied on the balance of probabilities.\n","sortOrder":65},{"sectionNumber":"47","sectionType":"section","heading":"Evidence","content":"47 Evidence\n(1) In any proceedings:\n(a) a document purporting to be or to be a copy of a bail\nundertaking given by an accused person, and to be certified\nby an appropriate officer to be or to be a copy of the\nundertaking, is admissible in evidence and is evidence of the\ngiving of the undertaking by the accused person and of its\nterms; and\n(b) a document purporting to be or to be a copy of the instrument\nby which a bail condition was imposed in relation to an\naccused person, and to be certified by an appropriate officer\nto be or to be a copy of the instrument, is admissible in\nevidence and is evidence of the imposing of the condition and\nof its terms; and\n(c) a certificate purporting to be signed by an appropriate officer\ncertifying that a specified bail condition:\n(i) has not been altered or varied under this Act; or\n(ii) has been altered or varied under this Act in a specified\nmanner and has not otherwise been altered or varied\nunder this Act;\nis admissible in evidence and is evidence of the matters so\ncertified; and\n(d) a document purporting to be or to be a copy of an\nacknowledgement under section 27(2)(b), and to be certified\nby an appropriate officer to be or to be a copy of the\nacknowledgement, is admissible in evidence and is evidence\nof the making of the acknowledgement and of its terms.\n\nBail Act 1982 48\n(2) For subsection (1), an appropriate officer is:\n(a) in the case of police bail – an authorised member; and\n(b) in the case of court bail – an officer of the court having\ncustody of the bail undertaking given by the accused.\n(3) In any proceedings:\n(a) a certificate purporting to be signed by the Director of Public\nProsecutions or a person authorised by the Director in writing\nin that behalf certifying that a notice referred to in\nsection 25(3) was given or sent to the accused person, or the\nlegal practitioner representing the accused person, in a\nspecified manner on a specified day is admissible in evidence\nand shall be prima facie evidence of the matters so certified;\nand\n(b) a certificate purporting to be signed by a Supreme Court\nJudge, Local Court Judge, justice of the peace, registrar of the\nLocal Court, sheriff or deputy sheriff and stating that a\nspecified person did not appear before a specified court, at a\nspecified place, on a specified day at a specified time is\nadmissible in evidence and is evidence of the matters so\ncertified.\n(4) In any document:\n(a) the words \"authorised member\" or \"authorized member\" after\na signature is evidence that the person whose signature it\npurports to be is in fact an authorised member within the\nmeaning of this Act; and\n(b) the words \"appropriate officer\" after a signature is evidence\nthat the person whose signature it purports to be is in fact an\nappropriate officer as referred to in this section; and\n(c) the words \"authorised by the Director of Public Prosecutions\"\nor \"authorized by the Director of Public Prosecutions\" after a\nsignature is evidence that the person whose signature it\npurports to be has in fact been authorised by the Director of\nPublic Prosecutions as referred to in section 25(3) and this\nsection;\nin connection with the matter to which the document relates.\n\nBail Act 1982 49\n","sortOrder":66},{"sectionNumber":"48","sectionType":"section","heading":"Surety to have no right of arrest","content":"48 Surety to have no right of arrest\nA person who as an acceptable person enters into an agreement\nunder section 27 does not, because of entering into that agreement,\nhave the right to arrest the accused person.\n","sortOrder":67},{"sectionNumber":"49","sectionType":"section","heading":"Abolition of common law right to grant bail","content":"49 Abolition of common law right to grant bail\nAll powers or duties that would, but for this Act, exist apart from\nstatute to grant bail to an accused person in or in connection with\ncriminal proceedings are abolished.\n","sortOrder":68},{"sectionNumber":"50","sectionType":"section","heading":"Contempt","content":"50 Contempt\n(1) Nothing in this Act affects a power or duty that a court, tribunal or\nperson has to grant bail, or to grant relief in the nature of bail, in\nconnection with a contempt or alleged contempt.\n(2) Subsection (1) does not apply to a contempt or alleged contempt\nthat constitutes an offence proceedings for which may be\ncommenced by way of information or complaint.\n(3) A power or duty to which subsection (1) applies is additional to a\npower or duty that a court, tribunal or person may have under this\nAct in relation to any contempt or alleged contempt.\n","sortOrder":69},{"sectionNumber":"51","sectionType":"section","heading":"Provisions as to warrants or summonses","content":"51 Provisions as to warrants or summonses\nSubject to the Regulations, the provisions of the Local Court\n(Criminal Procedure) Act 1928 apply, with the necessary\nadaptations, to and in relation to a warrant or summons issued or to\nbe issued under this Act in the same way as they apply to and in\nrelation to a warrant or summons of a corresponding kind issued or\nto be issued under that Act.\n","sortOrder":70},{"sectionNumber":"52","sectionType":"section","heading":"Contravention of Act by authorised member","content":"52 Contravention of Act by authorised member\n(1) Where an authorised member contravenes a provision of this Act\nthat is applicable to the member, the contravention is not\npunishable as an offence (whether under this Act or otherwise)\nunless a penalty is expressly provided by this Act in respect of the\ncontravention.\n(2) This section does not prevent a contravention of a provision of this\nAct by a police officer from:\n(a) being dealt with under the Police Administration Act 1978; or\n(b) constituting grounds for civil proceedings.\n\nBail Act 1982 50\n","sortOrder":71},{"sectionNumber":"52A","sectionType":"section","heading":"Representative of mentally impaired or unfit person may enter","content":"52A Representative of mentally impaired or unfit person may enter\ninto bail undertaking on behalf of person\n(1) In this section:\naccused person means an accused person who:\n(a) has been declared to be liable to supervision under Part IIA,\nDivision 2 or 4 of the Criminal Code; or\n(b) is or is likely to be the subject of an investigation or a special\nhearing under that Part.\n(2) A person representing an accused person may:\n(a) exercise an independent discretion and act as he or she\nreasonably believes to be in the accused person's best\ninterests in relation to the grant of bail to the accused person\nunder this Act; and\n(b) enter into the bail undertaking and any bail conditions imposed\nin respect of the accused person on behalf of the accused\nperson.\n(3) When the representative of an accused person mentioned in\nsubsection (1) enters into the bail undertaking and any bail\nconditions on behalf of the accused person, the representative must\ngive an undertaking to the court that he or she will be responsible\nfor ensuring that the accused person complies with the bail\nundertaking and the bail conditions.\n","sortOrder":72},{"sectionNumber":"52B","sectionType":"section","heading":"Approval of police monitoring device","content":"52B Approval of police monitoring device\nThe Commissioner of Police may approve a police monitoring\ndevice for use to monitor the compliance of accused persons with\nconduct agreements.\n","sortOrder":73},{"sectionNumber":"53","sectionType":"section","heading":"Regulations","content":"53 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The Regulations may provide for any of the following:\n(a) facilities to be provided to enable the making of\ncommunications referred to in section 16(2)(b);\n(b) the procedures to be followed where an application is made,\nunder section 33(4), to the Local Court, by telephone, telex,\nradio or similar facility;\n\nBail Act 1982 51\n(c) the release of accused persons from any place of custody\nconsequent upon the grant of bail or upon the requirement for\nbail being dispensed with;\n(d) warrants and summonses issued under this Act;\n(e) the fees to be demanded and taken in relation to any matter\nconnected with this Act;\n(f) the forms to be used for this Act.\n","sortOrder":74},{"sectionNumber":"Div 1","sectionType":"division","heading":"Bail Amendment (Repeat Offenders) Act 2005","content":"Division 1 Bail Amendment (Repeat Offenders) Act 2005\n","sortOrder":75},{"sectionNumber":"54","sectionType":"section","heading":"Application of sections 7A, 8 and 36A to pre-commencement","content":"54 Application of sections 7A, 8 and 36A to pre-commencement\noffences\nSections 7A and 8 as amended by the Bail Amendment (Repeat\nOffenders) Act 2005, and section 36A, apply in relation to the\ngranting of bail to accused persons for offences committed before\nthe commencement of that Act.\n","sortOrder":76},{"sectionNumber":"55","sectionType":"section","heading":"Definitions","content":"55 Definitions\namending Act means the Bail Amendment Act 2015.\n","sortOrder":77},{"sectionNumber":"56","sectionType":"section","heading":"Application of amendments to sections 7A, 8 and 24","content":"56 Application of amendments to sections 7A, 8 and 24\n(1) Sections 7A, 8 and 24, as amended by the amending Act, apply in\nrelation to the granting of bail to an accused person for an offence\nonly if the charge for the offence was filed after the\n(2) Sections 7A, 8 and 24, as in force before the commencement,\ncontinue to apply in relation to the granting of bail to an accused\nperson for an offence if the charge for the offence was filed on or\n\nBail Act 1982 52\n","sortOrder":78},{"sectionNumber":"57","sectionType":"section","heading":"Application of amendment to section 38","content":"57 Application of amendment to section 38\n(1) Section 38, as amended by the amending Act, applies in relation to\nthe revocation of bail that was granted to a person for an offence\nonly if the charge for the offence was filed after the\n(2) Section 38, as in force before the commencement, continues to\napply in relation to the revocation of bail that was granted to a\nperson for an offence if the charge for the offence was filed on or\n","sortOrder":79},{"sectionNumber":"58","sectionType":"section","heading":"Offence provisions – before and after commencement","content":"58 Offence provisions – before and after commencement\n(1) This section applies subject to sections 56 and 57.\n(2) The offence provisions, as amended by the amending Act, apply\nonly in relation to offences alleged to have been committed after the\n(3) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences alleged to have been\ncommitted on or before the commencement.\n(4) For this section, if any of the conduct constituting an offence\noccurred on or before the commencement, the offence is taken to\nhave been committed on or before the commencement.\n(5) In this section:\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\n","sortOrder":80},{"sectionNumber":"59","sectionType":"section","heading":"Definitions","content":"59 Definitions\namending Act means the Bail Amendment Act (No. 2) 2015.\n\nBail Act 1982 53\n","sortOrder":81},{"sectionNumber":"60","sectionType":"section","heading":"Application of section 27A","content":"60 Application of section 27A\n(1) Section 27A, as amended by the amending Act, applies in relation\nto a conduct agreement entered into after the commencement by\nan accused person as a condition of the person's bail, even if the\n(2) Section 27A, as in force immediately before the commencement,\ncontinues to apply in relation to a conduct agreement entered into\n","sortOrder":82},{"sectionNumber":"61","sectionType":"section","heading":"Application of section 38","content":"61 Application of section 38\n(1) Section 38, as amended by the amending Act, applies only in\nrelation to a breach of a condition by an accused person of the\nperson's bail that occurs after the commencement.\n(2) Section 38, as in force immediately before the commencement,\ncontinues to apply in relation to a breach of a condition by an\naccused person of the person's bail that occurs before the\n","sortOrder":83},{"sectionNumber":"62","sectionType":"section","heading":"Definitions","content":"62 Definitions\namending Act means the Bail Amendment Act 2017.\n","sortOrder":84},{"sectionNumber":"63","sectionType":"section","heading":"Application of section 27A","content":"63 Application of section 27A\n(1) Section 27A, as amended by the amending Act, applies in relation\nto a conduct agreement entered into after the commencement by\nan accused person as a condition of the person's bail, even if the\n(2) Section 27A, as in force immediately before the commencement,\ncontinues to apply in relation to a conduct agreement entered into\n\nDivision 6 Youth Justice Legislation Amendment Act 2021\nBail Act 1982 54\nDivision 5 Youth Justice and Related Legislation Amendment\nAct 2019\n64 Definitions\namending Act means the Youth Justice and Related Legislation\nAmendment Act 2019.\ncommencement means the commencement of Part 2 the\n","sortOrder":85},{"sectionNumber":"65","sectionType":"section","heading":"Application of amendments to sections 7A, 8, 28 and 38","content":"65 Application of amendments to sections 7A, 8, 28 and 38\nSections 7A, 8, 28 and 38, as amended by the amending Act, apply\nin relation to the granting of bail to an accused person for an\noffence if, before the commencement, the accused person had not\nbeen sentenced by the Court in relation to the offence.\n","sortOrder":86},{"sectionNumber":"66","sectionType":"section","heading":"Application of sections 8A and 24A","content":"66 Application of sections 8A and 24A\nSections 8A and 24A apply in relation to the granting of bail to an\naccused person for an offence if, before the commencement, the\naccused person had not been sentenced by the Court in relation to\nthe offence.\n","sortOrder":87},{"sectionNumber":"67","sectionType":"section","heading":"Application of amendments to section 37B","content":"67 Application of amendments to section 37B\n(1) Section 37B, as inserted by the amending Act, applies in relation to\na bail offence committed before the commencement of the\namending Act if, before the commencement, the accused person\nhad not been sentenced by the Court in relation to the bail offence.\n(2) For this section, if any of the conduct constituting a bail offence\noccurred before the commencement, the bail offence is taken to\n","sortOrder":88},{"sectionNumber":"Div 6","sectionType":"division","heading":"Youth Justice Legislation Amendment Act 2021","content":"Division 6 Youth Justice Legislation Amendment Act 2021\n","sortOrder":89},{"sectionNumber":"68","sectionType":"section","heading":"Definition","content":"68 Definition\namending Act means the Youth Justice Legislation Amendment\nAct 2021.\n\n","sortOrder":90},{"sectionNumber":"Div 8","sectionType":"division","heading":"Justice Legislation Amendment (Domestic and Family Violence) Act 2023","content":"Division 8 Justice Legislation Amendment (Domestic and Family Violence) Act 2023\nBail Act 1982 55\n","sortOrder":91},{"sectionNumber":"69","sectionType":"section","heading":"Application of amendments relating to serious breach of bail","content":"69 Application of amendments relating to serious breach of bail\nThe amendments to this Act by sections 7, 8, 10 and 11 of the\namending Act do not apply if the conduct agreement to which the\nyouth was subject at the time of engaging in a serious breach of\nbail was entered into before the commencement of those sections.\n","sortOrder":92},{"sectionNumber":"70","sectionType":"section","heading":"Application of amendment to prescribed offences","content":"70 Application of amendment to prescribed offences\n(1) The regulation made under section 3B applies as in force after its\nreplacement by section 34 of the amending Act only in respect of\nan application for bail in relation to an offence that is allegedly\ncommitted after the commencement.\n(2) For subsection (1), if any of the alleged conduct constituting an\noffence occurred before the commencement, the offence is taken to\n(3) In this section:\ncommencement means the commencement of section 34 of the\nNote for section 70\nFor an offence allegedly committed before the commencement of section 34 of\nthe amending Act, the regulation under section 3B applies as in force before the\n","sortOrder":93},{"sectionNumber":"Div 7","sectionType":"division","heading":"Bail Amendment Act 2023","content":"Division 7 Bail Amendment Act 2023\n","sortOrder":94},{"sectionNumber":"71","sectionType":"section","heading":"Application of amendments to section 7A","content":"71 Application of amendments to section 7A\n(1) The amendments to section 7A by the Bail Amendment Act 2023\ndo not apply in relation to an offence alleged to have been\ncommitted before the commencement of section 4 of that Act.\n(2) For subsection (1), if any of the conduct constituting an alleged\noffence occurred before the commencement, the alleged offence is\ntaken to have been committed before the commencement.\nDivision 8 Justice Legislation Amendment (Domestic and\nFamily Violence) Act 2023\n","sortOrder":95},{"sectionNumber":"72","sectionType":"section","heading":"Application of amendments","content":"72 Application of amendments\n(1) Sections 3, 24 and 28 as amended by the Justice Legislation\nAmendment (Domestic and Family Violence) Act 2023 apply only in\nrelation to an offence alleged to be committed after the\ncommencement of this section.\n\nBail Act 1982 56\n(2) Sections 3, 24 and 28 as in force immediately before the\ncommencement of this section continue to apply in relation to an\noffence alleged to be committed before the commencement of this\n(3) Section 24B does not apply in relation to an offence alleged to be\ncommitted before the commencement of this section.\n(4) For this section, if any of the conduct constituting an alleged\noffence occurred before the commencement of this section, the\nalleged offence is taken to be committed before the\n","sortOrder":96},{"sectionNumber":"73","sectionType":"section","heading":"Definitions","content":"73 Definitions\namending Act means the Bail Legislation Amendment Act 2024.\ncommencement means the commencement of section 3 of the\n","sortOrder":97},{"sectionNumber":"74","sectionType":"section","heading":"Amendments to sections 7A, 7B, 8 and 8A","content":"74 Amendments to sections 7A, 7B, 8 and 8A\n(1) Sections 7A and 8, as amended by the amending Act, apply to an\napplication for bail that is made after the commencement even if the\n(2) Sections 7A, 7B, 8 and 8A, as in force immediately before the\ncommencement, continue to apply in relation to an application for\nbail that was made before the commencement and a continuation\nof bail under section 32 if the bail was granted before the\n","sortOrder":98},{"sectionNumber":"75","sectionType":"section","heading":"Supported bail accommodation","content":"75 Supported bail accommodation\nA place that was, immediately before the commencement,\nprescribed as supported bail accommodation for section 7B(3)(b)\nas in force before the commencement is taken to be supported bail\naccommodation declared by the Minister for section 27A(1)(ea).\n","sortOrder":99},{"sectionNumber":"76","sectionType":"section","heading":"Application of amendments to section 37B","content":"76 Application of amendments to section 37B\n(1) Section 37B(4), as in force immediately before its repeal by the\namending Act, continues to apply in relation to a bail offence that\nwas committed before the commencement.\n\n","sortOrder":100},{"sectionNumber":"Div 10","sectionType":"division","heading":"Bail and Youth Justice Legislation Amendment Act 2025","content":"Division 10 Bail and Youth Justice Legislation Amendment Act 2025\nBail Act 1982 57\n(2) For this section, if any of the conduct constituting a bail offence\noccurred before the commencement, the bail offence is taken to\nDivision 10 Bail and Youth Justice Legislation Amendment\nAct 2025\n","sortOrder":101},{"sectionNumber":"77","sectionType":"section","heading":"Definitions","content":"77 Definitions\namending Act means the Bail and Youth Justice Legislation\nAmendment Act 2025.\ncommencement means the commencement of section 3 of the\n","sortOrder":102},{"sectionNumber":"78","sectionType":"section","heading":"Application of amendments","content":"78 Application of amendments\n(1) Sections 7A, 24 and 24A, as amended by the amending Act, apply\nin relation to an application for bail that is made after the\ncommencement even if the alleged offence to which the bail relates\nwas committed before the commencement.\n(2) Sections 7A, 24 and 24A, as in force immediately before the\ncommencement, continue to apply in relation to the following:\n(a) an application for bail that was made before the\ncommencement;\n(b) a continuation of bail under section 32 if the bail was granted\nbefore the commencement;\n(c) the review, under section 33(3) or (5), of a matter that\noccurred before the commencement;\n(d) the review, under section 34 or 35, of a decision if the decision\nbeing reviewed:\n(i) relates to a matter mentioned in section 33(3) that\noccurred before the commencement; or\n(ii) was made by the Local Court or the Supreme Court\n","sortOrder":103},{"sectionNumber":"79","sectionType":"section","heading":"Circumstances where bail may not be continued","content":"79 Circumstances where bail may not be continued\n(1) This section applies to a person who, on the commencement, is on\nbail that was granted by an authorised member or the Local Court.\n\nDivision 10 Bail and Youth Justice Legislation Amendment Act 2025\nBail Act 1982 58\n(2) If, after the commencement, the person appears before the\nSupreme Court in relation to an offence for which the bail was\ngranted, despite section 32, the person's bail may not be continued\nunder that section but the person may make a new application for\nbail.\nUnder section 19 there is no limit on the number of applications that may be\nmade in relation to bail.\n\nBail Act 1982 59\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nBail Act 1982 (Act No. 57, 1982)\nAssent date 8 October 1982\nCommenced 29 June 1983 (Gaz S19, 29 June 1983)\nStatute Law Revision Act 1983 (Act No. 58, 1983)\nAssent date 28 November 1983\nCommenced 28 November 1983\nBail (Criminal Code) Amendment Act 1983 (Act No. 59, 1983)\nAssent date 28 November 1983\nCommenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47,\n1983), Gaz G46, 18 November 1983, p 11 and Gaz G8,\n26 February 1986, p 5)\nStatute Law Revision Act 1984 (Act No. 28, 1984)\nAssent date 20 July 1984\nCommenced 20 July 1984\nBail Amendment Act 1988 (Act No. 11, 1988)\nAssent date 30 March 1988\nCommenced 30 March 1988\nBail Amendment Act 1989 (Act No. 8, 1989)\nAssent date 28 March 1989\nCommenced 30 October 1989 (s 2, s 2 Justices Amendment Act 1989 (Act\nNo. 7, 1989) and Gaz S61, 27 October 1989)\nDirector of Public Prosecutions (Consequential Amendments) Act 1990 (Act No. 29,\n1990)\nAssent date 11 June 1990\nCommenced 21 January 1991 (s 2, s 2 Director of Public Prosecutions\nAct 1990 (Act No. 35, 1990) and Gaz G2, 16 January 1991,\np 9)\n\nBail Act 1982 60\nStatute Law Revision Act 1990 (Act No. 33, 1990)\nAssent date 11 June 1990\nCommenced 11 June 1990\nBail Amendment Act 1993 (Act No. 74, 1993)\nAssent date 23 November 1993\nCommenced 1 January 1994 (Gaz G51, 22 December 1993, p 3)\nBail Amendment Act 1994 (Act No. 10, 1994)\nAssent date 22 March 1994\nCommenced 5 April 1994 (Gaz S24, 31 March 1994)\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\nStatute Law Revision Act 1995 (Act No. 14, 1995)\nAssent date 23 June 1995\nCommenced 23 June 1995\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\nBail Amendment Act 1996 (Act No. 32, 1996)\nAssent date 5 September 1996\nCommenced 1 November 1996 (Gaz G41, 9 October 1996, p 4)\nBail Amendment Act 1998 (Act No. 9, 1998)\nAssent date 25 March 1998\nCommenced 22 April 1998 (s 2, s 2 Justices Amendment Act 1998 (Act\nNo. 6, 1998) and Gaz G15, 22 April 1998, p 3)\nStatute Law Revision Act (No. 2) 1998 (Act No. No. 92, 1998)\nAssent date 11 December 1998\nCommenced 11 December 1998\nBail Amendment Act 1999 (Act No. 19, 1999)\nAssent date 5 May 1999\nCommenced 5 May 1999\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nSentencing of Juveniles (Miscellaneous Provisions) Act 2000 (Act No. 17, 2000)\nAssent date 30 May 2000\nCommenced 1 June 2000 (s 2, s 2 Justices Amendment Act 1998 (Act\nNo. 6, 1998) and Gaz G15, 22 April 1998, p 3)\nStatute Law Revision Act 2000 (Act No. 19, 2000)\nAssent date 6 June 2000\nCommenced 12 July 2000 (Gaz G27, 12 July 2000, p 2)\n\nBail Act 1982 61\nStatute Law Revision Act 2001 (Act No. 3, 2001)\nAssent date 22 March 2001\nCommenced 22 March 2001\nBail Amendment Act 2001 (Act No. 29, 2001)\nAssent date 19 July 2001\nCommenced 19 July 2001\nFines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60,\n2001)\nAssent date 11 December 2001\nCommenced 1 January 2002 (s 2, s 2 Fines and Penalties (Recovery)\nAct 2001 (Act No. 59, 2001) and Gaz G50,\n19 December 2001, p 3)\nBail Amendment Act 2002 (Act No. 12, 2002)\nAssent date 7 June 2002\nCommenced 15 June 2002 (s 2 and s 2 Criminal Code Amendment (Mental\nImpairment and Unfitness to be Tried) Act 2002 (Act No. 11,\n2002))\nYouth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005)\nAssent date 22 September 2005\nCommenced 1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32,\n2005 and Gaz G30, 26 July 2006, p 3)\nBail Amendment (Repeat Offenders) Act 2005 (Act No. 34, 2005)\nAssent date 22 September 2005\nCommenced 22 September 2005\nStatute Law Revision Act 2005 (Act No. 44, 2005\nAssent date 14 December 2005\nCommenced 14 December 2005\nJustice Legislation Amendment (Group Criminal Activities) Act 2006 (Act No. 36, 2006)\nAssent date 3 November 2006\nCommenced 20 December 2006 (Gaz G51, 20 December 2006, p 2)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nBail Amendment Act 2007 (Act No. 23, 2007)\nAssent date 29 October 2007\nCommenced 1 January 2008 (Gaz G51, 19 December 2007, p 4)\nDomestic and Family Violence Act 2007 (Act No. 34, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz G25, 25 June 2008, p 4)\nJustice Legislation Amendment Act 2008 (Act No. 2, 2008)\nAssent date 11 March 2008\nCommenced 2 April 2008 (Gaz G13, 2 April 2008, p 6)\n\nBail Act 1982 62\nSerious Violent Offenders (Presumption Against Bail) Amendment Act 2008 (Act\nNo. 31, 2008)\nAssent date 21 November 2008\nCommenced 10 December 2008 (Gaz S63, 10 December 2008)\nSerious Crime Control Act 2009 (Act No. 32, 2009)\nAssent date 11 November 2009\nCommenced 1 December 2011 (Gaz S69, 1 December 2011)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nBail Amendment Act 2011 (Act No. 8, 2011)\nAssent date 18 April 2011\nCommenced 16 May 2011 (Gaz S19, 4 May 2011)\nJustice (Corrections) and Other Legislation Amendment Act 2011 (Act No. 24, 2011)\nCommenced ss 3, 9 to 11, 15 to 17, 19, 20, 24, 33, 42, schs 1 and 2, sch 4,\npt 1 and sch 5: 31 August 2011 (s 2); rem: 27 February 2012\n(Gaz S9, 21 February 2012)\nJustice and Other Legislation Amendment Act 2011 (Act No. 25, 2011)\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nStatute Law Revision Act 2011 (Act No. 30, 2011)\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nCriminal Justice Legislation Amendment Act 2011 (Act No. 32, 2011)\nAssent date 15 November 2011\nCommenced 15 February 2012 (Gaz G7, 15 February 2012, p 6)\nJustice and Other Legislation Amendment Act 2012 (Act No. 2, 2012)\nAssent date 21 March 2012\nCommenced pts 2, 3 and 5 to 7: 1 August 2012; rem: 1 September 2012\n(Gaz G29, 18 July 2012, p 7)\nBail Amendment Act 2013 (Act No. 2, 2013)\nAssent date 14 March 2013\nCommenced 5 February 2014 (Gaz G5, 5 February 2014, p 2)\nCriminal Code Amendment (Assaults on Workers) Act 2013 (Act No. 3, 2013)\nAssent date 14 March 2013\nCommenced 1 May 2013 (Gaz S16, 22 April 2013)\nCorrectional Services (Related and Consequential Amendments) Act 2014 (Act No. 27,\n2014)\nAssent date 4 September 2014\nCommenced 9 September 2014 (Gaz S80, 9 September 2014, p 2)\nBail Amendment Act 2015 (Act No. 2, 2015)\nAssent date 25 March 2015\nCommenced 15 April 2015 (Gaz G15, 15 April 2015, p 6)\n\nBail Act 1982 63\nBail Amendment Act (No. 2) 2015 (Act No. 33, 2015)\nAssent date 10 December 2015\nCommenced 20 January 2016 (Gaz G3, 20 January 2016, p 2)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nBail Amendment Act 2017 (Act No. 5, 2017)\nAssent date 17 March 2017\nCommenced 20 March 2017 (Gaz S11, 20 March 2017)\nParole Amendment Act 2017 (Act No. 17, 2017)\nAssent date 30 August 2017\nCommenced 13 September 2017 (Gaz G37, 13 September 2017, p 6)\nSupreme Court Amendment (Associate Judges) Act 2017 (Act No. 18, 2017)\nAssent date 5 September 2017\nCommenced 22 November 2017 (Gaz S84, 21 November 2017, p 1)\nYouth Justice Legislation Amendment Act 2017 (Act No. 19, 2017)\nAssent date 30 October 2017\nCommenced 5 January 2018 (Gaz G51, 20 December 2017, p 4)\nYouth Justice and Related Legislation Amendment Act 2019 (Act No. 32, 2019)\nAssent date 9 October 2019\nCommenced 2 March 2020 (Gaz G5, 5 February 2020, p 2)\nEvidence and Other Legislation Amendment Act 2020 (Act No. 3, 2020)\nAssent date 9 March 2020\nCommenced 29 July 2020 (Gaz G28, 15 July 2020, p 1)\nJustice Legislation Amendment (Domestic and Family Violence) Act 2020 (Act No. 18,\n2020)\nAssent date 1 July 2020\nCommenced 29 July 2020 (Gaz G29, 22 July 2020, p 1)\nYouth Justice Legislation Amendment Act 2021 (Act No. 9, 2021)\nAssent date 14 May 2021\nCommenced 15 May 2021 (s 2)\nCriminal Code Amendment (Property Offences) Act 2022 (Act No. 24, 2022)\nAssent date 31 October 2022\nCommenced 30 April 2023 (Gaz G8, 13 April 2023, p 1)\nBail Amendment Act 2023 (Act No. 5, 2023)\nAssent date 31 March 2023\nCommenced 1 April 2023 (s 2)\nCriminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023)\nAssent date 17 August 2023\nCommenced 25 March 2024 (Gaz S20, 22 March 2024)\n\nBail Act 1982 64\nJustice Legislation Amendment (Domestic and Family Violence) Act 2023 (Act No. 33,\n2023)\nAssent date 6 December 2023\nCommenced 25 March 2024 (Gaz S19, 22 March 2024)\nAmending Legislation\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and\nOther Legislation Amendment Act 2022 (Act No. 28,\n2022) and Gaz S19, 22 March 2024);\npt 4: 25 March 2024 (s 2(4), s 2 Criminal Justice\nLegislation Amendment (Sexual Offences) Act 2023\n(Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nBail Legislation Amendment Act 2024 (Act No. 16, 2024)\nAssent date 29 October 2024\nCommenced 6 January 2025 (Gaz S111, 23 December 2024)\nBail and Youth Justice Legislation Amendment Act 2025 (Act No. 9, 2025)\nAssent date 30 April 2025\nCommenced 7 May 2025 (s 2)\nBail Amendment Act 2026 (Act No. 6, 2026)\nAssent date 31 March 2026\nCommenced 1 April 2026 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 6, 7A, 16, 20, 24, 27B,\n37D, 40, 51 and 52.\n\nBail Act 1982 65\n4 LIST OF AMENDMENTS\npt I hdg amd No. 24, 2011, s 10; No. 30, 2011, s 3\ns 3 amd No. 33, 1990, s 9; No. 74, 1993, s 4; No. 10, 1994, s 4; No. 17, 1996,\ns 6; No. 9, 1998, s 4; No. 92, 1998, s 4; No. 19, 2000, s 3; No. 34, 2005, s 3;\nNo. 33, 2005, s 5; No. 36, 2006, s 9; No. 23, 2007, s 4; No. 2, 2008, s 4;\nNo.8, 2011, s 4; No. 24, 2011, s 10; No. 25, 2011, s 4; No. 30, 2011, s 3;\nNo. 24, 2011, s 4; No. 2, 2013, s 4; No. 27, 2014, s 57; No. 2, 2015, s 4;\nNo. 33, 2015, s 4; No. 9, 2016, s 46; No. 5, 2017, s 4; No. 17, 2017, s 15;\nNo. 19, 2017, s 17; No. 32, 2019, s 4; No. 9, 2021, s 4; No. 24, 2022, s 35;\nNo. 33, 2023, s 40; No. 20, 2023, s 54; No. 16, 2024, s 4; No. 6, 2026, s 4\ns 3AA ins No. 6, 2026, s 5\ns 3A ins No. 23, 2007, s 5; No. 24, 2011, s 4\ns 3B ins No. 32, 2019, s 5\ns 4 amd No. 17, 2000, s 6; No. 30, 2011, s 3; No. 19, 2017, s 18; No. 32, 2019,\ns 6\ns 5A ins No. 2, 2015, s 5\npt II hdg amd No. 24, 2011, s 10\ns 6 amd No. 59, 1983, s 4; No. 17, 1996, s 6; No. 30, 2011, s 3; No. 2, 2012, s 4;\nNo. 2, 2015, s 6; No. 9, 2016, s 49; No. 4, 2024, s 17\ns 7 amd No. 9, 1998, s 5; No. 30, 2011, s 3\npt II\ndiv 1A hdg ins No. 10, 1994, s 5\namd No. 9, 2021, s 5\ns 7A ins No. 10, 1994, s 5\namd No. 32, 1996, s 3; No. 34, 2005, s 4; No. 44, 2005, s 24; No. 23, 2007,\ns 6; No. 31, 2008, s 4; No. 25, 2011, s 21; No. 30, 2011, s 3; No. 32, 2009,\ns 88; No. 2, 2015, s 7; No. 32, 2019, s 7; No. 18, 2020, s 4; No. 9, 2021, s 6;\nNo. 5, 2023, s 4; No. 20, 2023, s 54; No. 16, 2024, s 5; No. 9, 2025, s 4\ns 7B ins No. 9, 2021, s 7\nrep No. 16, 2024, s 6\ns 8 amd No. 10, 1994, s 6; No. 14, 1995, s 12; No. 17, 1996, s 6; No. 34, 2005,\ns 5; No. 34, 2007, s 146; No. 30, 2011, s 3; No. 32, 2011, s 4; No. 3, 2013,\ns 6; No. 2, 2015, s 8; No. 32, 2019, s 8; No. 16, 2024, s 7\ns 8A ins No. 32, 2019, s 9\namd No. 9, 2021, s 8\nrep No. 16, 2024, s 8\ns 9 amd No. 30, 2011, s 3\ns 10 amd No. 9, 1998, s 6; No. 30, 2011, s 3\ns 11 amd No. 30, 2011, s 3; No. 2, 2015, s 9\ns 12 amd No. 32, 2019, s 10; No. 9, 2025, s 5\ns 13 amd No. 30, 2011, s 3\ns 14 amd No. 30, 2011, s 3; No. 4, 2017, s 34\ns 15 amd No. 58, 1983, s 3; No. 59, 1983, s 5; No. 3, 2001, s 2; No. 30, 2011, s 3;\nNo. 27, 2014, s 57; No. 9, 2016, s 49\npt III hdg amd No. 24, 2011, s 10\ns 16 amd No. 11, 1988, s 2; No. 30, 2011, s 3; No. 9, 2016, s 49\ns 17 amd No. 24, 2011, s 3; No. 18, 2017, s 36\ns 18 amd No. 33, 1990, s 9; No. 30, 2011, s 3; No. 2, 2015, s 10\npt IV hdg amd No. 24, 2011, s 10\ns 19 amd No. 30, 2011, s 3\ns 20 amd No. 19, 1999, s 2; No. 30, 2011, s 3; No. 9, 2016, s 47\nss 21 – 22 amd No. 30, 2011, s 3; No. 9, 2016, s 49\ns 23 amd No. 2, 2008, s 5; No. 30, 2011, s 3; No. 9, 2016, s 49\ns 23A ins No. 10, 1994, s 7\namd No. 14, 1995, s 12; No. 30, 2011, s 3\npt V hdg amd No. 24, 2011, s 10\n\nBail Act 1982 66\ns 24 amd No. 28, 1984, s 3; No. 8, 1989, s 3; No. 50, 1994, s 16; No. 9, 1998, s 7;\nNo. 33, 2005, s 5; No. 23, 2007, s 7; No. 30, 2011, s 3; No. 2, 2015, s 11;\nNo. 19, 2017, s 19; No. 32, 2019, s 11; No. 33, 2023, s 41; No. 9, 2025, s 6\ns 24A ins No. 32, 2019, s 12; No. 9, 2025, s 7\ns 24B ins No. 33, 2023, s 42\ns 25 amd No. 29, 1990, s 7; No. 30, 2011, s 3\ns 26 amd No. 30, 2011, s 3; No. 27, 2014, s 57; No. 9, 2016, s 49; No. 19, 2017,\ns 20\ns 27 amd No. 74, 1993, s 5; No. 9, 1998, s 8; No. 36, 2006, s 10; No. 4, 2007, s 7;\nNo. 23, 2007, s 8; No. 12, 2010, s 3; No. 30, 2011, s 3; No. 24, 2011, s 5\ns 27A ins No. 36, 2006, s 11\nsub No. 23, 2007, s 9\namd No. 24, 2011, ss 6 and 10; No. 2, 2013, s 5; No. 27, 2014, s 57; No. 33,\n2015, s 5; No. 5, 2017, s 5; No. 19, 2017, s 21; No. 16, 2024, s 9\ns 27B ins No. 24, 2011, s 7\namd No. 27, 2014, s 57; No. 33, 2015, s 6; No. 5, 2017, s 6; No. 19, 2017,\ns 22\ns 28 sub No. 23, 2007, s 9\namd No. 24, 2011, s 8; No. 2, 2013, s 6; No. 27, 2014, s 57; No. 33, 2015,\ns 7; No. 5, 2017, s 7; No. 19, 2017, s 23; No. 32, 2019, s 13; No. 9, 2021, s 9;\nNo. 33, 2023, s 43; No. 16, 2024, s 10\ns 29 amd No. 36, 2006, s 12; No. 23, 2007, s 10; No. 30, 2011, s 3\ns 30 amd No. 30, 2011, s 3\ns 31 amd No. 30, 2011, s 3; No. 27, 2014, s 57; No. 9, 2016, s 49; No. 19, 2017,\ns 24\npt VI hdg amd No. 24, 2011, s 10\ns 33 amd No. 30, 2011, s 3; No. 32, 2011, s 5; No. 9, 2016, s 49; No. 3, 2020, s 4\ns 34 amd No. 30, 2011, s 3; No. 32, 2011, s 6\nsub No. 9, 2016, s 48\ns 35 amd No. 9, 2016, s 49\ns 36 amd No. 29, 1990, s 7; No. 34, 2005, s 6; No. 30, 2011, s 3; No. 27, 2014,\ns 57; No. 9, 2016, s 49; No. 19, 2017, s 25\ns 36A ins No. 34, 2005, s 7\namd No. 9, 2016, s 49\ns 37 amd No. 34, 2005, s 8; No. 30, 2011, s 3\npt VII hdg amd No. 24, 2011, s 10\ns 37A ins No. 8, 2011, s 5\nrep No. 32, 2019, s 14\ns 37B ins No. 8, 2011, s 5\namd No. 2, 2015, s 12\nsub No. 32, 2019, s 14\namd No. 16, 2024, s 11\nss 37C – 37D ins No. 8, 2011, s 5\namd No. 9, 2016, s 49\ns 38 amd No. 9, 1998, s 9; No. 31, 2008, s 5; No. 30, 2011, s 3; No. 27, 2014,\ns 57; No. 2, 2015, s 13; No. 33, 2015, s 8; No. 9, 2016, s 49; No. 19, 2017,\ns 26; No. 32, 2019, s 15; No. 9, 2021, s 10; No. 16, 2024, s 12\ns 38AA ins No. 9, 2021, s 11\nrep No. 16, 2024, s 13\ns 38A ins No. 33, 2015, s 9\namd No. 5, 2017, s 8\ns 39 amd No. 30, 2011, s 3\ns 40 amd No. 59, 1983, s 6; No. 27, 1999, s 3; No. 29, 2001, s 2; No. 60, 2001,\ns 3; No. 30, 2011, s 3; No. 9, 2016, s 49\ns 41 amd No. 30, 2011, s 3\npt VIII hdg amd No. 24, 2011, s 10; No. 30, 2011, s 3\ns 42 amd No. 30, 2011, s 3; No. 2, 2015, s 14\n\nBail Act 1982 67\nss 44 – 45 amd No. 12, 2010, s 3; No. 30, 2011, s 3\nsub No. 2, 2015, s 15\ns 46 amd No. 30, 2011, s 3\ns 47 amd No. 29, 1990, s 7; No. 30, 2011, s 3; No. 9, 2016, s 49\ns 48 amd No. 30, 2011, s 3\ns 51 amd No. 9, 2016, s 49\ns 52 amd No. 30, 2011, s 3\ns 52A ins No. 12, 2002, s 3\namd No. 30, 2011, s 3\ns 52B ins No. 5, 2017, s 9\ns 53 amd No. 30, 2011, s 3; No. 24, 2011, s 9; No. 27, 2014, s 57; No. 9, 2016,\ns 49\npt IX hdg ins No. 34, 2005, s 9\namd No. 24, 2011, s 10\nsub No. 2, 2015, s 16\npt 9\ndiv 1 hdg ins No. 2, 2015, s 16\ns 54 ins No. 34, 2005, s 9\npt 9\ndiv 2 hdg ins No. 2, 2015, s 17\nss 55 – 58 ins No. 2, 2015, s 17\npt 9\ndiv 3 hdg ins No. 33, 2015, s 10\nss 59 – 61 ins No. 33, 2015, s 10\npt 9\ndiv 4 hdg ins No. 5, 2017, s 10\nss 62 – 63 ins No. 5, 2017, s 10\npt 9\ndiv 5 hdg ins No. 32, 2019, s 16\nss 64 – 67 ins No. 32, 2019, s 16\npt 9\ndiv 6 hdg ins No. 9, 2021, s 12\nss 68 – 70 ins No. 9, 2021, s 12\npt 9\ndiv 7 hdg ins No. 5, 2023, s 5\ns 71 ins No. 5, 2023, s 5\npt 9\ndiv 8 hdg ins No. 33, 2023, s 44\ns 72 ins No. 33, 2023, s 44\npt 9\ndiv 9 hdg ins No. 16, 2024, s 14\nss 73 – 76 ins No. 16, 2024, s 14\npt 9\ndiv 10 hdg ins No. 9, 2025, s 8\nss 77 – 79 ins No. 9, 2025, s 8","sortOrder":104}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":763},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1982 purpose. It now includes: electronic monitoring and GPS tracking provisions (ss 27A, 27B, 52B); extensive domestic violence risk assessment requirements (ss 24, 24B, 28); specific youth justice considerations (s 24A); supported bail accommodation schemes; multiple tiers of presumptions against bail for repeat offenders and serious crimes; and complex transitional arrangements for over 20 amending acts. The bail regime has shifted from a relatively straightforward release mechanism to a comprehensive risk management and community safety framework."},"complexity_factors":["47+ defined terms in the interpretation section (section 3)","Multiple nested presumptions (against bail in s 7A, for bail in s 8) with numerous exceptions and carve-outs","Extensive cross-referencing to other legislation (Criminal Code, Domestic and Family Violence Act, Youth Justice Act, Correctional Services Act, etc.)","Complex conditional logic in s 7A with 10+ categories of offences triggering presumption against bail, many with their own sub-conditions","Layered transitional provisions across 10 divisions in Part 9, each with different commencement rules and application periods","Multiple overlapping criteria sections (ss 24, 24A, 24B) with mandatory and discretionary considerations","Detailed conduct agreement provisions (ss 27A-27B) with electronic monitoring requirements and device-specific rules","Immediate review and stay mechanisms (s 36A) with time-limited procedural requirements"],"plain_english_summary":"This is the Northern Territory's **Bail Act 1982**, which sets out when and how people accused of crimes can be released from custody while waiting for their court case.\n\n**What it does:**\n- **Establishes who can grant bail**: Police officers (Sergeant rank or higher) can grant bail at police stations. The Local Court and Supreme Court can also grant bail.\n- **Creates two different starting points for bail decisions**:\n  - **Presumption AGAINST bail** (section 7A): For serious offences like murder, serious drug offences, serious violence offences, serious sexual offences, and certain repeat offender situations. The accused must prove they should get bail, and the decision-maker needs a \"high degree of confidence\" they won't reoffend or endanger the community.\n  - **Presumption IN FAVOUR of bail** (section 8): For less serious offences. The accused is entitled to bail unless there's good reason to refuse.\n- **Sets out what decision-makers must consider** (section 24): Community safety is the paramount consideration for serious offences. Other factors include likelihood of appearing in court, the accused's personal circumstances, risks to victims and witnesses, and domestic violence risks.\n- **Allows bail conditions**: These can include conduct agreements (rules about where to live, who to contact, alcohol/drug bans, electronic monitoring), financial securities, surrendering passports, and requirements to report to police.\n- **Creates offences for breaching bail**: Breaking bail conditions or failing to appear can result in fines up to 200 penalty units or 2 years imprisonment.\n- **Provides review mechanisms**: People refused bail by police can apply to the Local Court for review. Bail decisions can also be reviewed by higher courts.\n- **Includes special rules for youths**: Additional considerations apply for young people, including preserving family relationships and education, and bail cannot be refused solely due to lack of accommodation.\n\n**Who it affects:** Anyone accused of an offence in the Northern Territory who seeks release from custody before their trial or sentencing."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded since the original 1982 text through multiple amendments recorded in the source material. Notable scope extensions include: introduction and repeated amendment of a statutory presumption against bail for specified serious offences (s 7A; see insertion and amendment history in the List of amendments), creation of formalised conduct agreements and explicit powers to impose electronic monitoring as bail conditions (s 27A, s 27B; s 52B inserted), criminalisation of indemnification arrangements for acceptable persons (s 45), and added youth-specific considerations and monitoring pathways (s 24A; s 27B(3)–(4)). The transitional and amendment provisions in Part 9 document staged application of these changes to pre- and post-commencement matters, indicating the Act now covers additional regulatory mechanisms (monitoring devices, supported bail accommodation declarations, assessment reports, and stricter breath/behaviour conditions) that were not present in the original enactment."},"complexity_factors":["Multiple, overlapping presumptions (s 7A vs s 8) and offence-specific pathways that change decision thresholds","Extensive defined terms and cross-references to other Acts (Criminal Code, Youth Justice Act, Correctional Services Act) increasing interpretive complexity (see s 3, s 5A, s 27B)","Layered bail conditions including monetary security, acceptable persons, conduct agreements and electronic monitoring with ancillary provisions (s 27, s 27A)","Different decision-makers and forums (authorised police members, Local Court, Supreme Court) with distinct powers and review routes (s 16, s 20, s 23, s 33–36A)","Administrative discretion allocated to multiple officials and the Minister (device approvals s 52B, supported bail accommodation s 27A(1)(ea), assessment reports s 28(5))","Criminal offences, civil forfeiture, and recovery mechanisms interact (s 37B, s 40, s 38A)","Youth-specific provisions layered onto adult regime (s 24A, s 27B(3)–(4)) requiring different enforcement paths","Detailed transitional application rules and many historical amendments create temporal complexity about which version applies (Part 9 and List of amendments)","Procedural specialities (immediate stay, expedited Supreme Court review s 36A; summary procedures for bail offences s 37D) requiring bespoke court workflows"],"plain_english_summary":"What this law does (mechanics)\n\n- Establishes the legal rules for when and how an accused person may be released from custody (bail) in the Northern Territory. It sets out who can grant bail (police officers called \"authorised members\" or courts), the periods for which bail may be granted (s 6), and the written undertaking an accused must give to appear in court (s 25).\n\n- Creates two different default approaches depending on the offence: a presumption against bail for specified serious offences (s 7A) and a presumption in favour of bail for other offences (s 8). For offences covered by s 7A an authorised member or court must be satisfied the accused should have bail and must have a high degree of confidence the accused will not reoffend or endanger the community before granting bail (s 7A(2), (2AB)).\n\n- Lists the limited matters a decision-maker may take into account when deciding bail, including community safety, the probability the accused will appear, risks of interfering with evidence, the accused's personal circumstances (including disability, youth and cultural ties), and domestic violence considerations (s 24; s 24A for youths; s 24B on domestic violence inquiry).\n\n- Permits bail to be unconditional or subject to written conditions. Conditions can include written acknowledgements by acceptable persons, monetary security, surrendering passports, and conduct agreements that restrict movement, contact, residence or require reporting or testing (s 27, s 27A). Conduct agreements can require monitoring by electronic devices and specify ancillary provisions (s 27A(1), (2A)).\n\n- Creates a regime for monitoring compliance: police-approved monitoring devices may be required by conduct agreements (s 27A(1)(iaa), (iab), (ia); s 52B gives the Commissioner of Police power to approve police monitoring devices). Where monitoring-device provisions apply, parts of the Correctional Services Act or Youth Justice Act apply to enforcement and monitoring by probation/parole officers or community youth justice officers (s 27B(2)–(4)). The Commissioner of Police may attach or remove approved police monitoring devices (s 27B(1AB)).\n\n- Makes breaching a bail undertaking or condition a criminal offence (\"bail offence\") with maximum penalties set out and allows strict liability for certain elements (s 37B). Police and courts may arrest or issue warrants for absconding or suspected breach, and courts must revoke bail in particular circumstances (s 38(1)–(3), (2A)).\n\n- Provides enforcement tools for money or security forfeiture when undertakings or conditions are breached, and allows courts to mitigate or suspend forfeiture in certain cases (s 40, s 41). The Territory can recover costs for damage to monitoring devices (s 38A).\n\n- Sets out review rights and processes: Local Court and Supreme Court review powers (s 33–36), immediate stay and expedited review where the Crown seeks Supreme Court review of a Local Court release (s 36A), and limits on appeals in specified circumstances (s 23A).\n\nWho this affects (actors and fiscal flows)\n\n- Accused persons: must give written undertakings to appear (s 25) and may be required to accept conditions or enter conduct agreements (s 27, s 27A). They may have to deposit money or surrender passports (s 27(2)(e), (j)). They bear criminal risk for breaches (s 37B) and may be liable for costs if they damage monitoring equipment (s 38A).\n\n- Acceptable persons / sureties: can be asked to provide acknowledgements, guarantees or security and may be liable to forfeit money if the accused breaches bail (s 27(2)(b), (d), (f), (h)). The Act criminalises indemnification arrangements that shift that liability off the acceptable person (s 45), limiting private risk-transfer arrangements.\n\n- Police, courts and correctional services: decide on bail (s 16, s 20, s 23), enter information in a bail register (s 18), impose and supervise monitoring conditions (s 27B, s 52B) and enforce forfeitures or revocations (s 38, s 40). The Correctional Services Commissioner and CEO (Youth Justice) prepare assessment reports when suitability for certain monitoring conditions is in issue (s 28(5)).\n\n- The Territory: can receive forfeited sums ordered by courts (s 40(1)), and recover device-repair costs (s 38A).\n\nWhy it matters (official rationale and testing against costs and incentives)\n\n- The Act frames its purpose as regulating release from custody and protecting community safety and the administration of justice while permitting accused persons to remain at liberty where appropriate (see s 6, s 24 and s 7A). The instrument implements that purpose by allocating decision rights to police and courts, prescribing the matters they may consider (s 24), and creating both preventive (conditions, monitoring) and reactive (revocation, prosecution for breach) tools.\n\n- Costs and who pays: direct costs fall on accused persons (security deposits, potential forfeitures, and device-damage costs) and on acceptable persons who provide security (s 27, s 40, s 38A). The Territory bears administrative costs for running reviews, courts, and monitoring programs; the Act also authorises recovery of some costs (s 40, s 38A).\n\n- Incentives and private choice: conditions and monitoring create an incentive for an accused person to accept supervisory measures to obtain bail (s 27A, s 28). Acceptable persons face financial exposure if they provide security (s 27(2)(d),(f),(h)); the Act restricts private indemnification (s 45), reducing the ability of accused persons to shift financial risk to third parties.\n\n- Compliance burden and administrative discretion: the law places operational duties on police (must determine bail promptly, record bail, facilitate legal communication, s 16; s 18; s 33) and on courts (impose proportionate conditions, s 28). It gives administrative actors discretion to approve monitoring devices (s 52B) and to the Minister to declare supported bail accommodation (s 27A(1)(ea)). That discretion creates implementation choices and requires operational systems (device procurement/maintenance, assessment reports, supported-accommodation arrangements) (s 27B(1AB), s 28(5), s 27A(1)(ea)).\n\n- Trade-offs and opportunity costs: replacing custody with conditional release shifts resource demands from correctional custody to supervision, monitoring and court oversight (s 27B, s 27A, s 28). Where the Act requires a \"high degree of confidence\" before granting bail for specified offences, it tightens release criteria for those accused but increases burdens on decision-makers to justify releases (s 7A(2AB)). The Act gives courts power to impose monitoring and reporting conditions for certain repeat or serious offences (s 7A(1)(de), (dea), (df); s 28(2AA)).\n\n- Implementation risk and substitution effects: reliance on electronic monitoring and supported accommodation requires procurement, maintenance and enforcement protocols; failures (device damage, inadequate accommodation) can shift costs back to the Territory or be litigated (s 38A, s 27A(1)(ea)). The statutory ability to require assessment reports before some monitoring conditions (s 28(3A)) creates dependence on correctional services and youth justice agencies for information used in bail decisions, concentrating operational influence in those agencies.\n\nKey statutory citations for mechanics and burdens: s 6 (periods for bail); s 16, s 20, s 23 (who grants bail); s 7A (presumption against bail for specified offences); s 8 (presumption in favour of bail for others); s 24, s 24A, s 24B (criteria to consider); s 25–31 (undertakings, persons, conditions, money/security); s 27A–27B (conduct agreements and monitoring); s 28 (imposition of conditions); s 33–36A (reviews); s 37B, s 38, s 40, s 41 (breach, arrest, forfeiture); s 45 (indemnification offence); s 52B (device approval); s 27A(1)(ea) (supported bail accommodation declared by Minister)."}},"importantCases":[],"_links":{"self":"/api/acts/bail-act-1982","history":"/api/acts/bail-act-1982/history","analysis":"/api/acts/bail-act-1982/analysis","conflicts":"/api/acts/bail-act-1982/conflicts","importantCases":"/api/acts/bail-act-1982/important-cases","documents":"/api/acts/bail-act-1982/documents"}}