{"id":"nsw:act-2013-026","name":"Bail Act 2013","slug":"bail-act-2013","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"26 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":3188,"registerId":"nsw-act-2013-026-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Bail Act 2013](/view/html/inforce/current/act-2013-026).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Purpose of Act","content":"#### 3 Purpose of Act\n\n3 Purpose of Act\n\n> > (1) The purpose of this Act is to provide a legislative framework for a decision as to whether a person who is accused of an offence or is otherwise required to appear before a court should be detained or released, with or without conditions.\n> \n> > (2) (Repealed)\n> \n> **s 3:** Am 2014 No 52, Sch 1 \\[2\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act—\n> > \n> > accommodation requirement—see section 28.\n> > \n> > accompaniment requirement—see section 28A.\n> > \n> > accused person or person accused of an offence includes the following—\n> > \n> > > (a) a person who has been charged with or convicted of an offence,\n> > \n> > > (b) a person whose conviction for an offence is stayed,\n> > \n> > > (c) a person in respect of whom proceedings on an appeal against conviction or sentence for the offence are pending,\n> > \n> > > (d) a person in respect of whom a new trial has been ordered to be held for an offence.\n> > \n> > apprehended violence order has the same meaning as it has in the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080).\n> > \n> > authorised justice means—\n> > \n> > > (a) a registrar of the Local Court, or\n> > \n> > > (a1) a Children’s Registrar, or other Registrar of the Children’s Court, under the [Children’s Court Act 1987](/view/html/inforce/current/act-1987-053), or\n> > \n> > > (b) an officer of the Department of Attorney General and Justice who is declared, by order of the Minister, whether by reference to his or her name or office, to be an authorised justice for the purposes of this Act, or\n> > \n> > > (c) a person, or member of a class of persons, declared by the regulations to be an authorised justice for the purposes of this Act.\n> > \n> > bail—see section 7.\n> > \n> > bail acknowledgment means the bail acknowledgment for a decision to grant bail given to the accused person under section 33.\n> > \n> > bail application means—\n> > \n> > > (a) a release application, or\n> > \n> > > (b) a detention application, or\n> > \n> > > (c) a variation application.\n> > \n> > bail authority means a police officer or a court.\n> > \n> > bail concern—see section 17.\n> > \n> > bail condition means a condition of bail.\n> > \n> > bail decision—see section 8.\n> > \n> > bail guarantor means any person who enters into a bail security agreement, other than the accused person granted bail.\n> > \n> > bail money means money agreed to be forfeited under a bail security agreement.\n> > \n> > bail security means security for the payment of bail money deposited with a bail authority.\n> > \n> > bail security agreement means an agreement entered into, or required to be entered into, under a security requirement of a bail condition (whether by the accused person or by any other person).\n> > \n> > character acknowledgment—see section 27.\n> > \n> > child means a person under the age of 18 years.\n> > \n> > Commonwealth Criminal Code means the [Criminal Code](http://www.legislation.gov.au/) set out in the Schedule to the [Criminal Code Act 1995](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > community service order means a community service order under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) or a children’s community service order under the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056).\n> > \n> > conclusion of proceedings—see section 6.\n> > \n> > conduct requirement—see section 25.\n> > \n> > conviction includes a finding of guilt.\n> > \n> > correctional centre means a correctional centre within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) and includes a detention centre within the meaning of that Act (subject to the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057)).\n> > \n> > court means—\n> > \n> > > (a) the Court of Criminal Appeal, the Supreme Court, the Land and Environment Court, the Industrial Court, the District Court or the Local Court, or\n> > \n> > > (b) any other court which, or person who, exercises criminal jurisdiction.\n> > \n> > detention application—see section 50.\n> > \n> > domestic violence offence has the same meaning as in the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080).\n> > \n> > enforcement condition—see section 30.\n> > \n> > fail to appear offence means an offence against section 79.\n> > \n> > fine-only offence means an offence not punishable by a sentence of imprisonment.\n> > \n> > first appearance means a first appearance of an accused person before a court or authorised justice in proceedings for an offence.\n> > \n> > function includes a power, authority or duty and exercise a function includes perform a duty.\n> > \n> > intimate partner, of a person (the first person), means a person who—\n> > \n> > > (a) is or has been married to the first person, or\n> > \n> > > (b) is or has been a de facto partner of the first person, or\n> > > \n> > > Note—\n> > > \n> > > “De facto partner” is defined in the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 21C.\n> > \n> > > (c) has or has had an intimate personal relationship with the first person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature.\n> > \n> > intoxicated person means a person who appears to be seriously affected by alcohol or another drug or a combination of drugs.\n> > \n> > Local Court includes the Children’s Court exercising jurisdiction under the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055).\n> > \n> > non-association and place restriction order means a non-association order or a place restriction order under section 17A (2) of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) or section 33D (2) of the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055).\n> > \n> > offence includes an alleged offence.\n> > \n> > personal violence offence means a personal violence offence of a kind referred to in section 4 (a) of the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080).\n> > \n> > pre-release requirement—see section 29.\n> > \n> > proceedings for an offence—see section 5.\n> > \n> > proceedings on an appeal against conviction or sentence—see section 5 (2).\n> > \n> > release application—see section 49.\n> > \n> > security requirement—see section 26.\n> > \n> > serious domestic violence offence means—\n> > \n> > > (a) an offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), Part 3 with a maximum penalty of 14 years imprisonment or more if the offence is committed by a person against an intimate partner, or\n> > \n> > > (b) an offence under a law of the Commonwealth, another State or Territory or another jurisdiction that is similar to an offence under that part.\n> > \n> > show cause offence—see section 16B.\n> > \n> > substantive proceedings for an offence—see section 5 (3).\n> > \n> > supervision order means an extended supervision order or an interim supervision order under the [Crimes (High Risk Offenders) Act 2006](/view/html/inforce/current/act-2006-007) or the [Terrorism (High Risk Offenders) Act 2017](/view/html/inforce/current/act-2017-068).\n> > \n> > terrorist act has the same meaning as it has in Part 5.3 of the Commonwealth Criminal Code.\n> > \n> > unacceptable risk—see section 19.\n> > \n> > variation application—see section 51.\n> > \n> > victim of an offence includes an alleged victim of an offence.\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) A reference in this Act to a person charged with an offence includes a reference to a person who has been issued with a court attendance notice for the offence under the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209).\n> \n> > (3) In this Act, a power to vary a bail decision includes—\n> > \n> > > (a) a power to revoke the bail decision and substitute a new bail decision, and\n> > \n> > > (b) a power to vary bail conditions.\n> \n> > (4) In this Act, a power to vary bail conditions includes—\n> > \n> > > (a) a power to revoke a bail condition, and\n> > \n> > > (b) a power to revoke a bail condition and substitute a new bail condition, and\n> > \n> > > (c) a power to impose a new bail condition.\n> \n> > (5) Notes in this Act do not form part of this Act.\n> \n> **s 4:** Am 2014 No 52, Sch 1 \\[3\\] \\[4\\]; 2015 No 44, Schs 1 \\[1\\], 2 \\[1\\]; 2016 No 54, Sch 1.1 \\[1\\]; 2016 No 48, Sch 2.3 \\[1\\]; 2017 No 68, Sch 2.1; 2020 No 31, Sch 1.1\\[1\\] \\[2\\]; 2023 No 39, Sch 1\\[1\\]; 2023 No 41, Sch 2.3\\[1\\]; 2024 No 30, Sch 1\\[1\\]; 2025 No 61, Sch 3.1\\[1\\].","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Proceedings for an offence","content":"#### 5 Proceedings for an offence\n\n5 Proceedings for an offence\n\n> > (1) In this Act, proceedings for an offence means criminal proceedings against a person for an offence (whether summary or indictable), and includes the following—\n> > \n> > > (a) committal proceedings,\n> > \n> > > (b) proceedings relating to bail,\n> > \n> > > (c) proceedings relating to sentence,\n> > \n> > > (d) proceedings on an appeal against conviction or sentence,\n> > \n> > > (e) any other proceedings of a kind prescribed by the regulations.\n> \n> > (2) Proceedings on an appeal against conviction or sentence include—\n> > \n> > > (a) proceedings on an application for annulment of a conviction or sentence made under section 4 or 5 of the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120), and\n> > \n> > > (b) proceedings on an appeal against an order imposed by the Land and Environment Court on conviction for an offence.\n> \n> > (3) Proceedings for an offence are substantive unless the proceedings are—\n> > \n> > > (a) proceedings relating to bail, or\n> > \n> > > (b) proceedings on an appeal against any interlocutory judgment or order given in proceedings, or\n> > \n> > > (c) proceedings declared to be non-substantive by the regulations.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Conclusion of proceedings","content":"#### 6 Conclusion of proceedings\n\n6 Conclusion of proceedings\n\n> > (1) Proceedings for an offence conclude when a court finally disposes of the proceedings concerned.\n> \n> > (2) If a court convicts an accused person of an offence, and a sentence is to be imposed, proceedings for the offence do not conclude until the sentence has been imposed.\n> \n> > (3) The committal of a person for trial or sentence is not a conclusion of proceedings for an offence.\n> \n> > (4) If a person’s conviction or sentence for an offence is stayed on or before the conclusion of proceedings for an offence, the proceedings do not conclude while the stay is in force.\n> \n> > (5) The regulations may make further provision for the time at which proceedings for an offence are to be regarded as concluded and this section has effect subject to the regulations.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"General provisions","content":"# Part 2 General provisions\n\nPart 2 General provisions","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"What is bail","content":"#### 7 What is bail\n\n7 What is bail\n\n> > (1) Bail is authority to be at liberty for an offence.\n> > \n> > Note.\n> > \n> > An offence includes an alleged offence.\n> \n> > (2) Bail can be granted under this Act to any person accused of an offence.\n> \n> > (3) A person who, because of bail, is entitled to be at liberty for an offence is entitled (if in custody) to be released from custody.\n> > \n> > Note.\n> > \n> > Limitations to the entitlement to be at liberty are specified in section 14.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Bail decisions that can be made","content":"#### 8 Bail decisions that can be made\n\n8 Bail decisions that can be made\n\n> > (1) The following decisions (each of which is a bail decision) can be made under this Act in respect of a person accused of an offence—\n> > \n> > > (a) a decision to release the person without bail for the offence,\n> > \n> > > (b) a decision to dispense with bail for the offence,\n> > \n> > > (c) a decision to grant bail for the offence (with or without the imposition of bail conditions),\n> > \n> > > (d) a decision to refuse bail for the offence.\n> > \n> > Note.\n> > \n> > Part 3 sets out how a bail decision is to be made by a bail authority.\n> \n> > (2) A bail decision cannot be made if substantive proceedings for the offence have concluded and no further substantive proceedings for the offence are pending before a court.\n> \n> > (3) A bail decision can also be made in respect of a person who is not accused of an offence in the circumstances specified in Schedule 1.\n> > \n> > Note.\n> > \n> > Schedule 1 provides for the grant of bail where a person is required to appear in proceedings otherwise than because he or she is accused of an offence. In such cases, this Act applies as if the person were accused of an offence.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Decision to release without bail","content":"#### 9 Decision to release without bail\n\n9 Decision to release without bail\n\n> A decision to release a person without bail can be made only by a police officer with power to make that bail decision under this Act.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Decision to dispense with bail","content":"#### 10 Decision to dispense with bail\n\n10 Decision to dispense with bail\n\n> > (1) A decision to dispense with bail can be made only by a court with power to make that bail decision under this Act.\n> \n> > (2) If bail for an offence is dispensed with, the person accused of the offence is entitled to be at liberty for the offence, in the same way as if bail had been granted.\n> \n> > (3) A court is taken to have dispensed with bail for an offence if—\n> > \n> > > (a) a person accused of the offence appears before the court in proceedings for the offence, and\n> > \n> > > (b) the person has not previously been granted or refused bail for the offence, and\n> > \n> > > (c) the court does not grant or refuse bail for the offence.\n> \n> **s 10:** Am 2025 No 61, Sch 3.1\\[2\\].","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Decision to grant or refuse bail","content":"#### 11 Decision to grant or refuse bail\n\n11 Decision to grant or refuse bail\n\n> > (1) A decision to grant or refuse bail can be made only by a police officer or court with power to make that bail decision under this Act.\n> \n> > (2) To avoid doubt, subsection (1) does not prevent an authorised justice exercising a function under section 54.\n> \n> **s 11:** Am 2025 No 61, Sch 3.1\\[3\\] \\[4\\].","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Duration of bail","content":"#### 12 Duration of bail\n\n12 Duration of bail\n\n> > (1) Bail ceases to have effect if—\n> > \n> > > (a) it is revoked, or\n> > \n> > > (b) substantive proceedings for the offence conclude and, at the conclusion of the proceedings, no further substantive proceedings for the offence are pending before a court.\n> \n> > (2) Bail is not revived if, after the conclusion of substantive proceedings for an offence, further substantive proceedings for the offence are commenced. However, a new bail decision for the offence can be made under this Act.\n> > \n> > Note.\n> > \n> > Proceedings for an offence generally conclude if a person is convicted of and sentenced for the offence. If an appeal against the conviction or sentence is lodged after that conclusion, bail is not revived, but a new bail decision can be made.\n> \n> > (3) If bail is granted by a bail authority for a specified period, bail ceases to have effect at the end of that period, unless sooner revoked.\n> \n> > (4) A court before which an accused person is required to appear under a bail acknowledgment may continue bail if—\n> > \n> > > (a) bail would otherwise cease to have effect, and\n> > \n> > > (b) substantive proceedings for the offence have not concluded.\n> \n> **s 12:** Am 2025 No 61, Sch 3.1\\[5\\].","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Requirement to appear","content":"#### 13 Requirement to appear\n\n13 Requirement to appear\n\n> > (1) A person granted bail, or in respect of whom bail is dispensed with, is required to appear in person before a court, and surrender to the custody of the court, as and when required to do so in proceedings for the offence for which the bail decision is made.\n> \n> > (2) A requirement to appear is—\n> > \n> > > (a) if bail is granted—a requirement to appear in accordance with the accused person’s bail acknowledgment, or\n> > \n> > > (b) if bail is dispensed with—a requirement to appear as and when required by the court or by any notice or other process by which a person can be required to appear before a court.\n> \n> > (3) The time at which a person is required to appear is the time at which the matter relating to the offence is called at court premises (whether or not the matter is dealt with at that time).\n> \n> > (4) This section does not prevent a court before which a person is required to appear from excusing a failure to appear.\n> \n> > (5) The regulations may make further provision for the requirement to appear.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Limitation on entitlement to be at liberty","content":"#### 14 Limitation on entitlement to be at liberty\n\n14 Limitation on entitlement to be at liberty\n\n> > (1) Bail does not entitle a person to be at liberty until—\n> > \n> > > (a) the person signs, and gives to the bail authority, a copy of the bail acknowledgment for the decision to grant bail, and\n> > \n> > > (b) all pre-release requirements of bail conditions have been complied with.\n> > \n> > Note.\n> > \n> > Pre-release requirements are dealt with in Part 3. For example, a bail condition may require an accused person, before being released on bail, to surrender his or her passport. Bail acknowledgments are dealt with in Part 4.\n> \n> > (2) Bail does not entitle a person to be at liberty on those occasions on which the person is required to appear before a court under his or her bail acknowledgment.\n> \n> > (3) Bail does not entitle a person to be at liberty while the person is in custody for some other offence, or reason, because of which the person is not entitled to be at liberty.\n> > \n> > Note.\n> > \n> > For example, a person may be in custody for 2 offences. If bail is granted for one offence only, the person is not entitled to be released.","sortOrder":15},{"sectionNumber":"Part 3","sectionType":"part","heading":"Making and variation of bail decisions","content":"# Part 3 Making and variation of bail decisions\n\nPart 3 Making and variation of bail decisions","sortOrder":16},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Bail decision to be made in accordance with this Part","content":"#### 15 Bail decision to be made in accordance with this Part\n\n15 Bail decision to be made in accordance with this Part\n\n> > (1) A bail decision is to be made in accordance with this Part.\n> \n> > (2) This Part applies to the making of a decision to affirm a bail decision, or to vary a bail decision, after hearing a bail application in the same way as it applies to the making of a bail decision.\n> \n> > (3) A bail authority or authorised justice must exercise any function in relation to bail conferred by Part 5, 8 or 9 in accordance with this Part, except as otherwise provided by this Act.\n> \n> **s 15:** Am 2025 No 61, Sch 3.1\\[6\\].","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Flow charts—key features of bail decisions","content":"#### 16 Flow charts—key features of bail decisions\n\n16 Flow charts—key features of bail decisions\n\n> > (1) The flow charts illustrate the key features of bail decisions under this Act.\n> \n> > (2) Flow Chart 1 illustrates the show cause requirement (set out in Division 1A), which applies only to show cause offences.\n> \n> > (3) Flow Chart 2 illustrates the unacceptable risk test (set out in Division 2) as it applies to all offences, other than offences for which there is a right to release.\n> \n> > (4) In the flow charts—\n> > \n> > conditional release means a decision to grant bail with the imposition of bail conditions.\n> > \n> > unconditional release means a decision—\n> > \n> > > (a) to release a person without bail, or\n> > \n> > > (b) to dispense with bail, or\n> > \n> > > (c) to grant bail without the imposition of bail conditions.\n> \n> Flow Chart 1 Show cause requirement\n> \n> ![](/image/((Type%3D%22act%22)%20AND%20(No%3D026)%20AND%20(Year%3D2013)%20AND%20(%22Historical%20Document%22%3D0))/g2.gif)\n> \n> Flow Chart 2 Unacceptable risk test\n> \n> ![](/image/((Type%3D%22act%22)%20AND%20(No%3D026)%20AND%20(Year%3D2013)%20AND%20(%22Historical%20Document%22%3D0))/g3.gif)\n> \n> **s 16:** Subst 2014 No 52, Sch 1 \\[5\\].","sortOrder":19},{"sectionNumber":"Division 1A","sectionType":"division","heading":"Show cause requirement","content":"## Division 1A Show cause requirement\n\nDivision 1A Show cause requirement\n\n**pt 3, div 1A:** Ins 2014 No 52, Sch 1 \\[6\\].","sortOrder":20},{"sectionNumber":"16A","sectionType":"section","heading":"Accused person to show cause for certain serious offences","content":"#### 16A Accused person to show cause for certain serious offences\n\n16A Accused person to show cause for certain serious offences\n\n> > (1) A bail authority making a bail decision for a show cause offence must refuse bail unless the accused person shows cause why his or her detention is not justified.\n> \n> > (2) If the accused person does show cause why his or her detention is not justified, the bail authority must make a bail decision in accordance with Division 2 (Unacceptable risk test—all offences).\n> \n> > (3) This section does not apply if the accused person was under the age of 18 years at the time of the offence.\n> \n> **s 16A:** Ins 2014 No 52, Sch 1 \\[6\\].","sortOrder":21},{"sectionNumber":"16B","sectionType":"section","heading":"Offences to which the show cause requirement applies","content":"#### 16B Offences to which the show cause requirement applies\n\n16B Offences to which the show cause requirement applies\n\n> > (1) For the purposes of this Act, each of the following offences is a show cause offence—\n> > \n> > > (a) an offence that is punishable by imprisonment for life,\n> > \n> > > (b) a serious indictable offence that involves—\n> > > \n> > > > (i) sexual intercourse with a person under the age of 16 years by a person who is of or above the age of 18 years, or\n> > > \n> > > > (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person under the age of 16 years by a person who is of or above the age of 18 years,\n> > \n> > > (c) a serious personal violence offence, or an offence involving wounding or the infliction of grievous bodily harm, if the accused person has previously been convicted of a serious personal violence offence,\n> > \n> > > (c1) a serious domestic violence offence,\n> > \n> > > (c2) an offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 54D,\n> > \n> > > (d) any of the following offences—\n> > > \n> > > > (i) a serious indictable offence under Part 3 or 3A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) or under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046) that involves the use of a firearm,\n> > > \n> > > > (ii) an indictable offence that involves the unlawful possession of a pistol or prohibited firearm in a public place,\n> > > \n> > > > (iii) a serious indictable offence under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046) that involves acquiring, supplying, manufacturing or giving possession of a pistol or prohibited firearm or a firearm part that relates solely to a prohibited firearm,\n> > \n> > > (e) any of the following offences—\n> > > \n> > > > (i) a serious indictable offence under Part 3 or 3A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) or under the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127) that involves the use of a military-style weapon,\n> > > \n> > > > (ii) an indictable offence that involves the unlawful possession of a military-style weapon,\n> > > \n> > > > (iii) a serious indictable offence under the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127) that involves buying, selling or manufacturing a military-style weapon or selling, on 3 or more separate occasions, any prohibited weapon,\n> > \n> > > (f) an offence under the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226) that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a prohibited drug or prohibited plant within the meaning of that Act,\n> > \n> > > (g) an offence under Part 9.1 of the Commonwealth Criminal Code that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug within the meaning of that Code,\n> > \n> > > (h) a serious indictable offence that is committed by an accused person—\n> > > \n> > > > (i) while on bail (whether granted under this Act or a law of another jurisdiction), or\n> > > \n> > > > (ii) while on parole (whether granted under a law of this State or another jurisdiction),\n> > \n> > > (i) an indictable offence, or an offence of failing to comply with a supervision order, committed by an accused person while subject to a supervision order,\n> > \n> > > (j) a serious indictable offence of attempting to commit an offence mentioned elsewhere in this section,\n> > \n> > > (k) a serious indictable offence (however described) of assisting, aiding, abetting, counselling, procuring, soliciting, being an accessory to, encouraging, inciting or conspiring to commit an offence mentioned elsewhere in this section,\n> > \n> > > (l) a serious indictable offence that is committed by an accused person while the person is the subject of a warrant authorising the arrest of the person issued under—\n> > > \n> > > > (i) this Act, or\n> > > \n> > > > (ii) Part 7 of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), or\n> > > \n> > > > (iii) the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209), or\n> > > \n> > > > (iv) the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092).\n> \n> > (2) In this section, a reference to the facts or circumstances of an offence includes a reference to the alleged facts or circumstances of an offence.\n> \n> > (3) In this section—\n> > \n> > firearm, firearm part, prohibited firearm and pistol, and use, acquire, supply or possession of a firearm or firearm part, have the same meanings as in the [Firearms Act 1996](/view/html/inforce/current/act-1996-046).\n> > \n> > prohibited weapon and military-style weapon, and use, buy, sell, manufacture or possession of a prohibited weapon, have the same meanings as in the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127).\n> > \n> > serious indictable offence has the same meaning as in the [Crimes Act 1900](/view/html/inforce/current/act-1900-040).\n> > \n> > serious personal violence offence means—\n> > \n> > > (a) an offence under Part 3 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) that is punishable by imprisonment for a term of 14 years or more, or\n> > \n> > > (b) an offence under a law of the Commonwealth, another State or Territory or any other jurisdiction that is similar to an offence under that Part.\n> \n> **s 16B:** Ins 2014 No 52, Sch 1 \\[6\\]. Am 2015 No 44, Schs 1 \\[2\\] (am 2016 No 54, Sch 1.2 \\[1\\]) \\[3\\], 2 \\[2\\]; 2016 No 54, Sch 1.1 \\[2\\]; 2017 No 40, Sch 1.1 \\[1\\] \\[2\\]; 2018 No 87, Sch 1.2 \\[1\\] \\[2\\]; 2024 No 30, Sch 1\\[2\\].","sortOrder":22},{"sectionNumber":"Division 2","sectionType":"division","heading":"Unacceptable risk test—all offences","content":"## Division 2 Unacceptable risk test—all offences\n\nDivision 2 Unacceptable risk test—all offences\n\n**pt 3, div 2, hdg:** Subst 2014 No 52, Sch 1 \\[7\\].","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Assessment of bail concerns","content":"#### 17 Assessment of bail concerns\n\n17 Assessment of bail concerns\n\n> > (1) A bail authority must, before making a bail decision, assess any bail concerns.\n> \n> > (2) For the purposes of this Act, a bail concern is a concern that an accused person, if released from custody, will—\n> > \n> > > (a) fail to appear at any proceedings for the offence, or\n> > \n> > > (b) commit a serious offence, or\n> > \n> > > (c) endanger the safety of victims, individuals or the community, or\n> > \n> > > (d) interfere with witnesses or evidence.\n> \n> > (3) If the accused person is not in custody, the assessment is to be made as if the person were in custody and could be released as a result of the bail decision.\n> \n> > (4) This section does not apply if the bail authority refuses bail under Division 1A (Show cause requirement).\n> \n> **s 17:** Subst 2014 No 52, Sch 1 \\[8\\].","sortOrder":24},{"sectionNumber":"18","sectionType":"section","heading":"Matters to be considered as part of assessment","content":"#### 18 Matters to be considered as part of assessment\n\n18 Matters to be considered as part of assessment\n\n> > (1) A bail authority is to consider the following matters, and only the following matters, in an assessment of bail concerns under this Division—\n> > \n> > > (a) the accused person’s background, including criminal history, circumstances and community ties,\n> > \n> > > (b) the nature and seriousness of the offence,\n> > \n> > > (c) the strength of the prosecution case,\n> > \n> > > (d) whether the accused person has a history of violence,\n> > \n> > > (d1) behaviour engaged in by the accused that may, under the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080), section 6A(2), constitute domestic abuse,\n> > > \n> > > Examples of behaviour—\n> > > \n> > > behaviour that is physically abusive or violent, including strangulation and sexual assault, animal abuse and stalking\n> > \n> > > (e) whether the accused person has previously committed a serious offence while on bail (whether granted under this Act or a law of another jurisdiction),\n> > \n> > > (f) whether the accused person has a history of compliance or non-compliance with any of the following—\n> > > \n> > > > (i) bail acknowledgments,\n> > > \n> > > > (ii) bail conditions,\n> > > \n> > > > (iii) apprehended violence orders,\n> > > \n> > > > (iv) parole orders,\n> > > \n> > > > (v) home detention orders, good behaviour bonds or community service orders,\n> > > \n> > > > (vi) intensive correction orders,\n> > > \n> > > > (vii) community correction orders,\n> > > \n> > > > (viii) conditional release orders,\n> > > \n> > > > (ix) non-association and place restriction orders,\n> > > \n> > > > (x) supervision orders,\n> > \n> > > (f1) if the bail authority is making the assessment of bail concerns because the accused person has failed or was about to fail to comply with a bail acknowledgment or a bail condition, any warnings issued to the accused person by police officers or bail authorities regarding non-compliance with bail acknowledgments or bail conditions,\n> > \n> > > (g) whether the accused person has any criminal associations,\n> > \n> > > (h) the length of time the accused person is likely to spend in custody if bail is refused,\n> > \n> > > (i) the likelihood of a custodial sentence being imposed if the accused person is convicted of the offence,\n> > \n> > > (i1) if the accused person has been convicted of the offence, but not yet sentenced, the likelihood of a custodial sentence being imposed,\n> > \n> > > (j) if the accused person has been convicted of the offence and proceedings on an appeal against conviction or sentence are pending before a court, whether the appeal has a reasonably arguable prospect of success,\n> > \n> > > (k) any special vulnerability or needs the accused person has including because of youth, being an Aboriginal or Torres Strait Islander, or having a cognitive or mental health impairment,\n> > \n> > > (l) the need for the accused person to be free to prepare for his or her appearance in court or to obtain legal advice,\n> > \n> > > (m) the need for the accused person to be free for any other lawful reason,\n> > \n> > > (n) the conduct of the accused person towards any victim of the offence, or any family member of a victim, after the offence,\n> > \n> > > (o) in the case of a serious offence or a domestic violence offence against an intimate partner, the views of any victim of the offence or any family member of a victim (if available to the bail authority), to the extent relevant to a concern that the accused person could, if released from custody, endanger the safety of victims, individuals or the community,\n> > \n> > > (p) the bail conditions that could reasonably be imposed to address any bail concerns in accordance with section 20A,\n> > \n> > > (q) whether the accused person has any associations with a terrorist organisation (within the meaning of Division 102 of Part 5.3 of the Commonwealth Criminal Code),\n> > \n> > > (r) whether the accused person has made statements or carried out activities advocating support for terrorist acts or violent extremism,\n> > \n> > > (s) whether the accused person has any associations or affiliation with any persons or groups advocating support for terrorist acts or violent extremism.\n> \n> > (2) The following matters (to the extent relevant) are to be considered in deciding whether an offence is a serious offence under this Division (or the seriousness of an offence), but do not limit the matters that can be considered—\n> > \n> > > (a) whether the offence is of a sexual or violent nature or involves the possession or use of an offensive weapon or instrument within the meaning of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040),\n> > \n> > > (b) the likely effect of the offence on any victim and on the community generally,\n> > \n> > > (c) the number of offences likely to be committed or for which the person has been granted bail or released on parole.\n> \n> **s 18:** Subst 2014 No 52, Sch 1 \\[8\\]. Am 2015 No 44, Schs 1 \\[4\\] (am 2016 No 54, Sch 1.2 \\[2\\]) \\[5\\] \\[6\\], 2 \\[3\\]; 2017 No 53, Sch 4.2 \\[1\\] \\[2\\]; 2018 No 87, Sch 1.2 \\[3\\]; 2024 No 30, Sch 1\\[3\\] \\[4\\].","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Refusal of bail—unacceptable risk","content":"#### 19 Refusal of bail—unacceptable risk\n\n19 Refusal of bail—unacceptable risk\n\n> > (1) A bail authority must refuse bail if the bail authority is satisfied, on the basis of an assessment of bail concerns under this Division, that there is an unacceptable risk.\n> \n> > (2) For the purposes of this Act, an unacceptable risk is an unacceptable risk that the accused person, if released from custody, will—\n> > \n> > > (a) fail to appear at any proceedings for the offence, or\n> > \n> > > (b) commit a serious offence, or\n> > \n> > > (c) endanger the safety of victims, individuals or the community, or\n> > \n> > > (d) interfere with witnesses or evidence.\n> \n> > (3) If the offence is a show cause offence, the fact that the accused person has shown cause that his or her detention is not justified is not relevant to the determination of whether or not there is an unacceptable risk.\n> \n> > (4) Bail cannot be refused for an offence for which there is a right to release under Division 2A.\n> \n> **s 19:** Subst 2014 No 52, Sch 1 \\[8\\].","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Accused person to be released if no unacceptable risks","content":"#### 20 Accused person to be released if no unacceptable risks\n\n20 Accused person to be released if no unacceptable risks\n\n> > (1) If there are no unacceptable risks, the bail authority must—\n> > \n> > > (a) grant bail (with or without the imposition of bail conditions), or\n> > \n> > > (b) release the person without bail, or\n> > \n> > > (c) dispense with bail.\n> \n> > (2) This section is subject to Divisions 1A and 2A.\n> \n> **s 20:** Subst 2014 No 52, Sch 1 \\[8\\].","sortOrder":27},{"sectionNumber":"20A","sectionType":"section","heading":"Imposition of bail conditions","content":"#### 20A Imposition of bail conditions\n\n20A Imposition of bail conditions\n\n> > (1) Bail conditions are to be imposed only if the bail authority is satisfied, after assessing bail concerns under this Division, that there are identified bail concerns.\n> \n> > (2) A bail authority may impose a bail condition only if the bail authority is satisfied that—\n> > \n> > > (a) the bail condition is reasonably necessary to address a bail concern, and\n> > \n> > > (b) the bail condition is reasonable and proportionate to the offence for which bail is granted, and\n> > \n> > > (c) the bail condition is appropriate to the bail concern in relation to which it is imposed, and\n> > \n> > > (d) the bail condition is no more onerous than necessary to address the bail concern in relation to which it is imposed, and\n> > \n> > > (e) it is reasonably practicable for the accused person to comply with the bail condition, and\n> > \n> > > (f) there are reasonable grounds to believe that the condition is likely to be complied with by the accused person.\n> \n> > (3) This section does not limit a power of a court to impose enforcement conditions.\n> \n> Note.\n> \n> Enforcement conditions are imposed for the purpose of monitoring or enforcing compliance with other bail conditions. Section 30 provides for this type of bail condition.\n> \n> **s 20A:** Ins 2014 No 52, Sch 1 \\[8\\].","sortOrder":28},{"sectionNumber":"Division 2A","sectionType":"division","heading":"Special rules for certain offences","content":"## Division 2A Special rules for certain offences\n\nDivision 2A Special rules for certain offences\n\n**pt 3, div 2A, hdg:** Ins 2014 No 52, Sch 1 \\[8\\].","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Special rule for offences for which there is a right to release","content":"#### 21 Special rule for offences for which there is a right to release\n\n21 Special rule for offences for which there is a right to release\n\n> > (1) The following decisions are the only bail decisions that can be made for an offence for which there is a right to release—\n> > \n> > > (a) a decision to release the person without bail,\n> > \n> > > (b) a decision to dispense with bail,\n> > \n> > > (c) a decision to grant bail to the person (with or without the imposition of bail conditions).\n> \n> > (2) There is a right to release for the following offences—\n> > \n> > > (a) a fine-only offence,\n> > \n> > > (b) an offence under the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025), other than an excluded offence,\n> > \n> > > (c) an offence that is being dealt with by conference under Part 5 of the [Young Offenders Act 1997](/view/html/inforce/current/act-1997-054).\n> \n> > (3) Each of the following offences under the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025) is an excluded offence—\n> > \n> > > (a) an offence under section 5 (obscene exposure) if the person has previously been convicted of an offence under that section,\n> > \n> > > (b) an offence under section 11A (violent disorder) if the person has previously been convicted of an offence under that section or of a personal violence offence,\n> > \n> > > (c) an offence under section 11B, 11C or 11E (offences relating to knives and offensive implements) if the person has previously been convicted of an offence under any of those sections or of a personal violence offence,\n> > \n> > > (d) an offence under section 11FA (custody or use of laser pointer in public place),\n> > \n> > > (e) an offence under section 11G (loitering by convicted child sexual offenders near premises frequented by children).\n> \n> > (4) An offence is not an offence for which there is a right to release if the accused person has previously failed to comply with a bail acknowledgment, or a bail condition, of a bail decision for the offence.\n> \n> > (5) Subject to subsection (1), Division 2 (Unacceptable risk test—all offences) applies to a bail decision for an offence for which there is a right to release.\n> \n> **s 21:** Am 2014 No 52, Sch 1 \\[9\\].","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"General limitation on court’s power to release","content":"#### 22 General limitation on court’s power to release\n\n22 General limitation on court’s power to release\n\n> > (1) Despite anything to the contrary in this Act, a court is not to grant bail or dispense with bail for any of the following offences, unless it is established that special or exceptional circumstances exist that justify that bail decision—\n> > \n> > > (a) an offence for which an appeal is pending in the Court of Criminal Appeal against—\n> > > \n> > > > (i) a conviction on indictment, or\n> > > \n> > > > (ii) a sentence imposed on conviction on indictment,\n> > \n> > > (b) an offence for which an appeal from the Court of Criminal Appeal is pending in the High Court in relation to an appeal referred to in paragraph (a).\n> \n> > (2) If the offence is a show cause offence, the requirement that the accused person establish that special or exceptional circumstances exist that justify a decision to grant bail or dispense with bail applies instead of the requirement that the accused person show cause why his or her detention is not justified.\n> \n> > (3) Subject to subsection (1), Division 2 (Unacceptable risk test—all offences) applies to a bail decision made by a court under this section.\n> \n> **s 22:** Am 2014 No 52, Sch 1 \\[10\\].","sortOrder":31},{"sectionNumber":"22A","sectionType":"section","heading":"Limitation on power to release in relation to terrorism related offences","content":"#### 22A Limitation on power to release in relation to terrorism related offences\n\n22A Limitation on power to release in relation to terrorism related offences\n\n> > (1) Despite anything to the contrary in this Act, a bail authority must, unless it is established that exceptional circumstances exist, refuse bail for—\n> > \n> > > (a) an offence under section 310J of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), or\n> > \n> > > (b) any other offence for which a custodial sentence may be imposed, if the bail authority is satisfied that the accused person—\n> > > \n> > > > (i) before being charged with that offence, has been charged with a Commonwealth terrorism offence or an offence under section 310J of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) and the proceedings relating to the offence have not concluded, or\n> > > \n> > > > (ii) has previously been convicted of a Commonwealth terrorism offence or an offence under section 310J of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), or\n> > > \n> > > > (iii) is the subject of a control order made under Part 5.3 of the Commonwealth Criminal Code.\n> \n> > (2) If the offence is a show cause offence, the requirement that the accused person establish that exceptional circumstances exist that justify a decision to grant bail or dispense with bail applies instead of the requirement that the accused person show cause why his or her detention is not justified.\n> \n> > (3) Subject to subsection (1), Division 2 (Unacceptable risk test—all offences) applies to a bail decision made by a bail authority under this section.\n> \n> > (4) In this section, Commonwealth terrorism offence has the same meaning as terrorism offence has in the [Crimes Act 1914](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 22A:** Ins 2015 No 44, Sch 2 \\[4\\].","sortOrder":32},{"sectionNumber":"22B","sectionType":"section","heading":"Limitation regarding bail during period following conviction and before sentencing for certain offences","content":"#### 22B Limitation regarding bail during period following conviction and before sentencing for certain offences\n\n22B Limitation regarding bail during period following conviction and before sentencing for certain offences\n\n> > (1) During the period following conviction and before sentencing for an offence for which the accused person will be sentenced to imprisonment to be served by full-time detention, a court—\n> > \n> > > (a) on a release application made by the accused person—must not grant bail or dispense with bail, unless it is established that special or exceptional circumstances exist that justify the decision, or\n> > \n> > > (b) on a detention application made in relation to the accused person—must refuse bail, unless it is established that special or exceptional circumstances exist that justify a decision to grant bail or dispense with bail.\n> \n> > (2) If the offence is a show cause offence, the requirement that the accused person establish that special or exceptional circumstances exist that justify a decision to grant bail or dispense with bail applies instead of the requirement that the accused person show cause why the accused person’s detention is not justified.\n> \n> > (3) Subject to subsection (1), Division 2 applies to a bail decision made by a court under this section.\n> \n> > (4) This section applies despite anything to the contrary in this Act.\n> \n> > (5) In this section—\n> > \n> > conviction also includes a plea of guilty.\n> > \n> > Note—\n> > \n> > Conviction is defined in section 4(1) to include a finding of guilt.\n> \n> **s 22B:** Ins 2022 No 27, Sch 1\\[1\\]. Am 2023 No 39, Sch 1\\[2\\].","sortOrder":33},{"sectionNumber":"22C","sectionType":"section","heading":"Temporary limitation on bail for certain young persons in relation to certain serious offences","content":"#### 22C Temporary limitation on bail for certain young persons in relation to certain serious offences\n\n22C Temporary limitation on bail for certain young persons in relation to certain serious offences\n\n> > (1) A bail authority must not grant bail to a relevant young person for a relevant offence alleged to have been committed while the young person is on bail for another relevant offence unless the bail authority has a high degree of confidence the young person will not commit a serious indictable offence while on bail subject to any proposed bail conditions.\n> \n> > (2) A decision under subsection (1) may be made only after—\n> > \n> > > (a) an assessment of bail concerns is made under Division 2, and\n> > \n> > > (b) consideration of whether any bail conditions could reasonably be imposed to address any bail concerns or risk the relevant young person will commit a further serious indictable offence.\n> \n> > (3) To avoid doubt, the requirement under this section to establish that bail should be refused for the relevant young person remains with the prosecution.\n> \n> > (4) This section applies despite anything to the contrary in this Act.\n> \n> > (5) This section is repealed on 1 October 2026.\n> \n> > (6) In this section—\n> > \n> > motor theft offence means an offence under the following sections of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)—\n> > \n> > > (a) section 154A,\n> > \n> > > (b) section 154C,\n> > \n> > > (c) section 154F.\n> > \n> > relevant offence means—\n> > \n> > > (a) a motor theft offence, or\n> > \n> > > (b) a serious breaking and entering offence, or\n> > \n> > > (c) an offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 154K, if the underlying offence is a motor theft offence or serious breaking and entering offence.\n> > \n> > relevant young person, for a relevant offence, means an individual who is, at the time the relevant offence is alleged to have been committed—\n> > \n> > > (a) 14 years of age or more, and\n> > \n> > > (b) less than 18 years of age.\n> > \n> > serious breaking and entering offence means an offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), Part 4, Division 4 that is punishable by imprisonment for a term of 14 years or more.\n> > \n> > serious indictable offence has the same meaning as in the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 4(1).\n> \n> **s 22C:** Ins 2024 No 18, Sch 1\\[1\\]. Am 2025 No 16, Sch 1\\[1\\].","sortOrder":34},{"sectionNumber":"22D","sectionType":"section","heading":"Review of operation of amendments made by Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Act 2025","content":"#### 22D Review of operation of amendments made by Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Act 2025\n\n22D Review of operation of amendments made by [Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Act 2025](/view/pdf/asmade/act-2025-16)\n\n> > (1) The Minister must review the operation of the amendments made by the amendment Act to determine whether—\n> > \n> > > (a) the policy objectives of the amendments remain valid, and\n> > \n> > > (b) the terms of the amendments remain appropriate for achieving the objectives.\n> \n> > (2) The review must be undertaken as soon as possible after the period of 12 months from the commencement.\n> \n> > (3) The Bureau of Crime Statistics and Research, within the department in which this Act is administered, must—\n> > \n> > > (a) be consulted as part of the review, and\n> > \n> > > (b) provide information and data to inform the review.\n> \n> > (4) A report on the outcome of the review must be tabled in each House of Parliament as soon as practicable after the end of the period of 12 months from the commencement.\n> \n> > (5) This section is repealed on the day that is 2 years after the day on which the section commences.\n> \n> > (6) In this section—\n> > \n> > amendment Act means the [Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Act 2025](/view/pdf/asmade/act-2025-16).\n> > \n> > commencement means the commencement of the amendment Act.\n> \n> **s 22D:** Ins 2025 No 16, Sch 1\\[2\\].","sortOrder":35},{"sectionNumber":"Division 3","sectionType":"division","heading":"Bail conditions","content":"## Division 3 Bail conditions\n\nDivision 3 Bail conditions","sortOrder":36},{"sectionNumber":"23","sectionType":"section","heading":"When bail conditions can be imposed","content":"#### 23 When bail conditions can be imposed\n\n23 When bail conditions can be imposed\n\n> > (1) (Repealed)\n> \n> > (2) Bail conditions can be imposed when bail is granted or a bail decision is varied.\n> \n> **s 23:** Am 2014 No 52, Sch 1 \\[11\\].","sortOrder":37},{"sectionNumber":"24","sectionType":"section","heading":null,"content":"#### 24\n\n24 (Repealed)","sortOrder":38},{"sectionNumber":"25","sectionType":"section","heading":"Bail conditions can impose conduct requirements","content":"#### 25 Bail conditions can impose conduct requirements\n\n25 Bail conditions can impose conduct requirements\n\n> > (1) Bail conditions can impose conduct requirements on an accused person.\n> \n> > (2) A conduct requirement is a requirement that the accused person do or refrain from doing anything.\n> \n> > (3) A conduct requirement cannot require an accused person to provide security for compliance with a bail acknowledgment. Such a requirement (if any) is a security requirement and is subject to the rules for imposing security requirements.","sortOrder":40},{"sectionNumber":"26","sectionType":"section","heading":"Bail conditions can require security to be provided","content":"#### 26 Bail conditions can require security to be provided\n\n26 Bail conditions can require security to be provided\n\n> > (1) A bail condition can require security to be provided for compliance with a bail acknowledgment.\n> \n> > (2) For that purpose, a bail condition can include the following requirements—\n> > \n> > > (a) that the accused person, or one or more other acceptable persons, or both, enter into an agreement under which the person agrees to forfeit a specified amount of money if the person granted bail fails to appear before a court in accordance with his or her bail acknowledgment,\n> > \n> > > (b) that a specified amount of money be deposited with the bail authority (and agreed to be forfeited under such an agreement if the person granted bail fails to appear before a court in accordance with his or her bail acknowledgment),\n> > \n> > > (c) that acceptable security be deposited with the bail authority as security for the payment of the money agreed to be forfeited under such an agreement.\n> \n> > (3) A requirement of a kind referred to in this section is a security requirement.\n> \n> > (4) A decision as to which person or persons, or class or description of persons, is an acceptable person and what security is acceptable security for the purposes of a security requirement is to be made by—\n> > \n> > > (a) the bail authority imposing the bail condition, or\n> > \n> > > (b) the officer or court to whom the bail acknowledgment is given (if no decision has been made under paragraph (a)).\n> \n> > (5) A security requirement can be imposed only for the purpose of addressing a bail concern that the accused person will fail to appear at any proceedings for the offence.\n> \n> > (6) A bail authority is not to impose a security requirement unless of the opinion that the purpose for which the security requirement is imposed is not likely to be achieved by imposing one or more conduct requirements.\n> \n> > (7) The regulations may make further provision for security requirements and bail security agreements.\n> \n> Note.\n> \n> Part 9 contains further provisions about security requirements.\n> \n> **s 26:** Am 2014 No 5, Sch 1 \\[1\\] \\[2\\]; 2014 No 52, Sch 1 \\[13\\].","sortOrder":41},{"sectionNumber":"27","sectionType":"section","heading":"Bail conditions can require character acknowledgments","content":"#### 27 Bail conditions can require character acknowledgments\n\n27 Bail conditions can require character acknowledgments\n\n> > (1) Bail conditions can require one or more character acknowledgments to be provided.\n> \n> > (2) A character acknowledgment is an acknowledgment, given by an acceptable person, other than the accused person, to the effect that he or she is acquainted with the accused person and that he or she regards the accused person as a responsible person who is likely to comply with his or her bail acknowledgment.\n> \n> > (3) A decision as to which person or persons, or class or description of persons, is an acceptable person for a character acknowledgment is to be made by—\n> > \n> > > (a) the bail authority imposing the bail condition, or\n> > \n> > > (b) the officer or court to whom the bail acknowledgment is given (if no decision has been made under paragraph (a)).\n> \n> > (4) A bail authority is not to require a character acknowledgment unless of the opinion that the purpose for which the acknowledgment is required is not likely to be achieved by imposing one or more conduct requirements.\n> \n> > (5) The regulations may make further provision for character acknowledgments and requirements to provide character acknowledgments.","sortOrder":42},{"sectionNumber":"28","sectionType":"section","heading":"Bail condition can impose accommodation requirements","content":"#### 28 Bail condition can impose accommodation requirements\n\n28 Bail condition can impose accommodation requirements\n\n> > (1) A bail condition imposed by a court on the grant of bail can require that suitable arrangements be made for the accommodation of the accused person before he or she is released on bail.\n> \n> > (2) A requirement of a kind referred to in this section is an accommodation requirement.\n> \n> > (3) An accommodation requirement can be imposed only—\n> > \n> > > (a) if the accused person is a child, or\n> > \n> > > (a1) for the purpose of enabling the accused person to be admitted to a residential rehabilitation facility for treatment on the person’s release on bail, or\n> > \n> > > (b) in the circumstances authorised by the regulations.\n> \n> > (4) The court responsible for hearing bail proceedings must ensure that, if an accommodation requirement is imposed in respect of a child, the matter is re-listed for further hearing at least every 2 days until the accommodation requirement is complied with.\n> \n> > (5) The court may direct any officer of a Division of the Government Service to provide information about the action being taken to secure suitable arrangements for accommodation of an accused person.\n> \n> > (6) The regulations may make further provision for accommodation requirements.\n> \n> Note.\n> \n> The court can also impose the following types of bail condition (conduct requirements)—\n> \n> > (a) requiring the accused person to reside at the relevant accommodation while at liberty on bail,\n> \n> > (b) if the accommodation requirement is for the purpose of enabling the accused person to be admitted to a residential rehabilitation facility, requiring the accused person to be accompanied by a person specified by the court to that facility on release on bail.\n> \n> **s 28:** Am 2015 No 44, Sch 1 \\[7\\] \\[8\\]; 2025 No 61, Sch 3.1\\[2\\].","sortOrder":43},{"sectionNumber":"28A","sectionType":"section","heading":"Bail condition can impose accompaniment requirements","content":"#### 28A Bail condition can impose accompaniment requirements\n\n28A Bail condition can impose accompaniment requirements\n\n> > (1) A bail condition imposed by a court on the grant of bail can require that the accused person, when released on bail, be released into the care or company of another specified person or class of persons.\n> \n> > (2) A requirement of a kind referred to in subsection (1) is an accompaniment requirement.\n> \n> **s 28A:** Ins 2023 No 39, Sch 1\\[3\\]. Am 2025 No 61, Sch 3.1\\[2\\].","sortOrder":44},{"sectionNumber":"28B","sectionType":"section","heading":"Bail condition must impose electronic monitoring for certain offences","content":"#### 28B Bail condition must impose electronic monitoring for certain offences\n\n28B Bail condition must impose electronic monitoring for certain offences\n\n> > (1) This section applies if an accused person is—\n> > \n> > > (a) subject to the requirement to show cause under section 16A for a show cause offence referred to in section 16B(1)(c1), and\n> > \n> > > (b) granted bail.\n> \n> > (2) The grant of bail must be subject to a bail condition that the accused person be subject to electronic monitoring, unless the bail authority is satisfied sufficient reasons exist, in the interests of justice, to justify not imposing the condition.\n> \n> > (2A) If the grant of bail is subject to a condition referred to in subsection (2)—\n> > \n> > > (a) the accused person must remain in custody until the person has been fitted with a device that permits the electronic monitoring of the person, and\n> > > \n> > > Note—\n> > > \n> > > See section 42 and the regulations, which provide that a person who has custody of an accused person granted bail must give a court notice that the accused person is still in custody within particular timeframes.\n> > \n> > > (b) the electronic monitoring—\n> > > \n> > > > (i) must be conducted by the Commissioner of Corrective Services, and\n> > > \n> > > > (ii) must not be conducted by a person other than the Commissioner of Corrective Services.\n> \n> > (3) To avoid doubt, nothing in this section—\n> > \n> > > (a) (Repealed)\n> > \n> > > (b) requires or permits a bail authority, in making a decision under Division 1A or Division 2, to be satisfied the accused person’s detention is not justified, or there is not an unacceptable risk, on the basis a bail condition may be imposed requiring the accused person to be subject to electronic monitoring under this section, or\n> > \n> > > (c) prevents a bail authority from varying the bail conditions to which an accused person is subject, to allow the accused person to be released on bail without being subject to electronic monitoring, if there are sufficient reasons in the interests of justice for the variation.\n> \n> > (4) The regulations may provide for matters relating to the supervision, monitoring and enforcement of electronic monitoring imposed on accused persons as a bail condition under this section.\n> \n> **s 28B:** Ins 2024 No 30, Sch 1\\[5\\] (am 2024 No 59, Sch 2.1\\[1\\] \\[2\\]). Am 2025 No 28, Sch 1\\[1\\]–\\[3\\].","sortOrder":45},{"sectionNumber":"29","sectionType":"section","heading":"Limitation on power to impose pre-release requirements","content":"#### 29 Limitation on power to impose pre-release requirements\n\n29 Limitation on power to impose pre-release requirements\n\n> > (1) The following requirements (and no other requirements) can be imposed by a bail authority as pre-release requirements—\n> > \n> > > (a) a conduct requirement that requires the accused person to surrender his or her passport,\n> > \n> > > (b) a security requirement,\n> > \n> > > (c) a requirement that one or more character acknowledgments be provided,\n> > \n> > > (d) an accommodation requirement,\n> > \n> > > (e) an accompaniment requirement.\n> > \n> > > (f) (Repealed)\n> \n> > (2) A requirement of a bail condition is a pre-release requirement if the bail condition specifies that the condition must be complied with before the accused person is released on bail.\n> \n> > (3) A pre-release requirement (other than an accommodation requirement) is complied with when the requirements specified in the bail condition that imposes the pre-release requirement, and any requirements specified in the regulations, are complied with.\n> \n> > (4) An accommodation requirement is complied with when the court is informed by an appropriate Government representative, in writing or in person, that suitable accommodation has been secured for the accused person.\n> \n> > (4A) An accompaniment requirement is complied with when the specified person, or a person of the specified class of persons, is present at the place from which the accused person is to be released on bail for the purpose of accompanying the accused person away from the place.\n> \n> > (5) If all pre-release requirements are complied with, the accused person is entitled to be released (subject to the other provisions of this Act) without any rehearing of the matter.\n> \n> > (5A) (Repealed)\n> \n> > (6) In this section, an appropriate Government representative means—\n> > \n> > > (a) the Director-General of the Department of Family and Community Services or a delegate of the Director-General (if the accused person is a child), or\n> > \n> > > (b) the Director-General of the Department of Attorney General and Justice or a delegate of the Director-General, or\n> > \n> > > (c) the Commissioner of Corrective Services or a delegate of the Commissioner, or\n> > \n> > > (d) any other person prescribed by the regulations.\n> \n> **s 29:** Am 2023 No 39, Sch 1\\[4\\] \\[5\\]; 2024 No 30, Sch 1\\[6\\] (am 2024 No 59, Sch 2.1\\[3\\]) \\[7\\]; 2025 No 28, Sch 1\\[4\\] \\[5\\].","sortOrder":46},{"sectionNumber":"30","sectionType":"section","heading":"Bail conditions may include enforcement conditions","content":"#### 30 Bail conditions may include enforcement conditions\n\n30 Bail conditions may include enforcement conditions\n\n> > (1) Bail conditions can include one or more enforcement conditions that are imposed for the purpose of monitoring or enforcing compliance with another bail condition (the underlying bail condition).\n> \n> > (2) An enforcement condition is a bail condition that requires the person granted bail to comply, while at liberty on bail, with one or more specified kinds of police directions (given for the purpose of monitoring or enforcing compliance with the underlying bail condition).\n> \n> > (3) An enforcement condition can be imposed—\n> > \n> > > (a) by a court only, and\n> > \n> > > (b) only at the request of the prosecutor in the proceedings.\n> \n> > (4) An enforcement condition is to specify—\n> > \n> > > (a) the kinds of directions that may be given to the person while at liberty on bail, and\n> > \n> > > (b) the circumstances in which each kind of direction may be given (in a manner that ensures that compliance with the condition is not unduly onerous), and\n> > \n> > > (c) the underlying bail condition or conditions in connection with which each kind of direction may be given.\n> > \n> > Note.\n> > \n> > For example, an enforcement condition imposed in connection with an underlying bail condition that requires a person to refrain from consuming drugs or alcohol may require the person to undergo testing for drugs or alcohol as directed by a police officer and may include specifications as to when such directions may be given.\n> \n> > (5) An enforcement condition can be imposed only if the court considers it reasonable and necessary in the circumstances, having regard to the following—\n> > \n> > > (a) the history of the person granted bail (including criminal history and particularly if the person has a criminal history involving serious offences or a large number of offences),\n> > \n> > > (b) the likelihood or risk of the person committing further offences while at liberty on bail,\n> > \n> > > (c) the extent to which compliance with a direction of a kind specified in the condition may unreasonably affect persons other than the person granted bail.","sortOrder":47},{"sectionNumber":"30A","sectionType":"section","heading":"Bail conditions must not require electronic monitoring other than under s 28B","content":"#### 30A Bail conditions must not require electronic monitoring other than under s 28B\n\n30A Bail conditions must not require electronic monitoring other than under s 28B\n\n> A bail condition must not require an accused person be subject to electronic monitoring other than a bail condition imposed under section 28B.\n> \n> **s 30A:** Ins 2022 No 27, Sch 1\\[2\\]. Subst 2025 No 28, Sch 1\\[6\\].","sortOrder":48},{"sectionNumber":"Division 4","sectionType":"division","heading":"Procedural requirements","content":"## Division 4 Procedural requirements\n\nDivision 4 Procedural requirements","sortOrder":49},{"sectionNumber":"31","sectionType":"section","heading":"Rules of evidence do not apply","content":"#### 31 Rules of evidence do not apply\n\n31 Rules of evidence do not apply\n\n> > (1) A bail authority or authorised justice may, for the purpose of exercising any of its functions in relation to bail, take into account any evidence or information that the bail authority or authorised justice considers credible or trustworthy in the circumstances and is not bound by the principles or rules of law regarding the admission of evidence.\n> \n> > (2) This section does not apply—\n> > \n> > > (a) to proceedings for an offence in relation to bail, or\n> > \n> > > (b) to proceedings under Schedule 2 (Forfeiture of security).\n> \n> **s 31:** Am 2025 No 61, Sch 3.1\\[6\\].","sortOrder":50},{"sectionNumber":"32","sectionType":"section","heading":"Matters to be decided on balance of probabilities","content":"#### 32 Matters to be decided on balance of probabilities\n\n32 Matters to be decided on balance of probabilities\n\n> > (1) Any matter that must be decided by a bail authority or authorised justice in exercising a function in relation to bail is to be decided on the balance of probabilities.\n> \n> > (2) This section does not apply to proceedings for an offence in relation to bail.\n> \n> **s 32:** Am 2025 No 61, Sch 3.1\\[6\\].","sortOrder":51},{"sectionNumber":"Part 4","sectionType":"part","heading":"Procedures after decision is made or varied","content":"# Part 4 Procedures after decision is made or varied\n\nPart 4 Procedures after decision is made or varied","sortOrder":52},{"sectionNumber":"33","sectionType":"section","heading":"Bail acknowledgment to be given on grant of bail","content":"#### 33 Bail acknowledgment to be given on grant of bail\n\n33 Bail acknowledgment to be given on grant of bail\n\n> > (1) A bail authority that grants bail to an accused person must, as soon as practicable, ensure the person is given a bail acknowledgment for the decision.\n> \n> > (2) A bail acknowledgment is a written notice that—\n> > \n> > > (a) requires the accused person to appear before a court, on such day and at such time and place as are from time to time specified in a notice given or sent to the person as prescribed by the regulations, and\n> > \n> > > (b) requires the accused person to notify the court before which the accused person is required to appear of any change in the person’s residential address.\n> > \n> > Note.\n> > \n> > An accused person is not entitled to be released on bail under Part 2 until he or she signs the bail acknowledgment and gives it to the bail authority.\n> \n> > (3) An accused person who is granted bail is under a duty to comply with the requirements of the bail acknowledgment.\n> > \n> > Note.\n> > \n> > An accused person who fails to appear as required by the bail acknowledgment commits an offence. Contravention of the requirements of a bail acknowledgment can also lead to bail being revoked.\n> \n> > (4) The bail acknowledgment must also—\n> > \n> > > (a) warn the person that committing an offence while on bail could result in a more severe penalty being imposed on conviction for that offence, and\n> > \n> > > (b) set out the bail conditions (if any), and\n> > \n> > > (c) explain the consequences that may follow if the person fails to comply with his or her bail acknowledgment or bail conditions, and\n> > \n> > > (d) include any information regarding the review or variation of the decision the regulations require to be provided when bail is granted.\n> \n> > (5) The bail authority is to take reasonably practicable steps to ensure that the person granted bail understands the bail acknowledgment.\n> \n> > (6) The regulations may make further provision for bail acknowledgments.\n> \n> **s 33:** Am 2014 No 5, Sch 1 \\[3\\].","sortOrder":54},{"sectionNumber":"34","sectionType":"section","heading":"Notice of refusal of bail to be given","content":"#### 34 Notice of refusal of bail to be given\n\n34 Notice of refusal of bail to be given\n\n> > (1) A court that refuses bail or that revokes bail must, as soon as practicable, ensure the accused person is given—\n> > \n> > > (a) a written notice setting out the terms of the decision, and\n> > \n> > > (b) any information regarding the review or variation of the decision the regulations require to be provided when bail is refused.\n> \n> > (2) The regulations may make further provision for the requirement to give notice under this section and this section has effect subject to the regulations.\n> \n> **s 34:** Am 2025 No 61, Sch 3.1\\[2\\].","sortOrder":55},{"sectionNumber":"35","sectionType":"section","heading":"Notice of variation of bail conditions to be given","content":"#### 35 Notice of variation of bail conditions to be given\n\n35 Notice of variation of bail conditions to be given\n\n> A bail authority or authorised justice that varies any bail condition must ensure the accused person is given a written notice setting out the terms of the bail condition as varied.\n> \n> **s 35:** Am 2025 No 61, Sch 3.1\\[6\\].","sortOrder":56},{"sectionNumber":"36","sectionType":"section","heading":"Information to be provided about bail security agreements","content":"#### 36 Information to be provided about bail security agreements\n\n36 Information to be provided about bail security agreements\n\n> > (1) A bail authority must take all reasonable steps to ensure that a person who enters into a bail security agreement is made aware of—\n> > \n> > > (a) the obligations of the person under that agreement, and\n> > \n> > > (b) the consequences that may follow if the person granted bail fails to comply with his or her bail acknowledgment.\n> \n> > (2) A bail authority must ensure that any person (other than an accused person) who enters into a bail security agreement in compliance with a bail condition is given a written notice setting out the terms of the condition.\n> \n> > (3) A bail authority that varies a bail condition that requires entry into a bail security agreement must ensure that any person (other than the accused person) who entered into a bail security agreement in compliance with the bail condition is given a written notice setting out the terms of the condition as varied.","sortOrder":57},{"sectionNumber":"37","sectionType":"section","heading":"Information to be provided about character acknowledgments","content":"#### 37 Information to be provided about character acknowledgments\n\n37 Information to be provided about character acknowledgments\n\n> > (1) A bail authority must, before a person provides a character acknowledgment, take all reasonable steps to ensure that the person is informed that providing false or misleading information in a character acknowledgment is a serious offence.\n> > \n> > Note.\n> > \n> > The provision of false or misleading information to a public authority or to a person exercising functions under a law of the State is an offence under section 307B of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040).\n> \n> > (2) A bail authority must ensure that any person who provides a character acknowledgment is given a written notice setting out the terms of the bail condition under which the acknowledgment is required.\n> \n> > (3) A bail authority that varies a bail condition that requires provision of a character acknowledgment must ensure that any person who provided a character acknowledgment in compliance with the bail condition is given a written notice setting out the terms of the condition as varied.","sortOrder":58},{"sectionNumber":"38","sectionType":"section","heading":"Reasons for decision to be recorded","content":"#### 38 Reasons for decision to be recorded\n\n38 Reasons for decision to be recorded\n\n> > (1) A bail authority that refuses bail must immediately record the reasons for refusing bail, including (if bail was refused because of an unacceptable risk) the unacceptable risk or risks identified by the bail authority.\n> \n> > (2) A bail authority that imposes bail conditions must immediately make a record that—\n> > \n> > > (a) specifies the reasons for not granting bail unconditionally, and\n> > \n> > > (b) sets out the bail concern or concerns identified by the bail authority.\n> \n> > (3) The record must include the bail authority’s reasons for imposing any security requirement or requiring any character acknowledgments.\n> \n> > (4) If an accused person requests that certain bail conditions be imposed, and other bail conditions are imposed, the bail authority must record reasons for imposing the other conditions.\n> \n> > (5) The regulations may make provision for the making of records under this section and the manner of retaining and otherwise dealing with those records.\n> \n> **s 38:** Am 2014 No 52, Sch 1 \\[14\\] \\[15\\].","sortOrder":59},{"sectionNumber":"39","sectionType":"section","heading":"Power to issue warrant of commitment","content":"#### 39 Power to issue warrant of commitment\n\n39 Power to issue warrant of commitment\n\n> > (1) A court or authorised justice may, if bail is refused to an accused person or is revoked, issue a warrant remanding the accused person to a correctional centre or other place of security.\n> \n> > (2) A court or authorised justice may, if a person granted bail fails to sign a bail acknowledgment, issue a warrant remanding the accused person to a correctional centre or other place of security until the person signs the acknowledgment concerned.\n> \n> > (3) A court or authorised justice may, if a person granted bail has not complied with any pre-release requirement of a bail condition, issue a warrant remanding the accused person to a correctional centre or other place of security until the bail condition is complied with.","sortOrder":60},{"sectionNumber":"40","sectionType":"section","heading":"Stay of release decision if detention sought","content":"#### 40 Stay of release decision if detention sought\n\n40 Stay of release decision if detention sought\n\n> > (1) A decision of a court to grant bail or dispense with bail for a serious offence is stayed if—\n> > \n> > > (a) a bail decision for the offence, other than a bail decision under section 54, has not previously been made by a court, and\n> > \n> > > (b) a police officer or Australian legal practitioner appearing on behalf of the Crown immediately—\n> > > \n> > > > (i) informs the court that a detention application is to be made to the Supreme Court, and\n> > > \n> > > > (ii) provides the court with a copy of the written approval of an authorised officer or the Director of Public Prosecutions to make a detention application to the Supreme Court if bail is granted or dispensed with.\n> \n> > (2) The stay of the decision has effect until one of the following occurs (whichever happens first)—\n> > \n> > > (a) the Supreme Court affirms or varies the decision, or substitutes another decision for the bail decision, or refuses to hear the detention application,\n> > \n> > > (b) a police officer or some other person acting on behalf of the Crown files with the Supreme Court, or such other court as may be prescribed by the regulations, notice that the Crown does not intend to proceed with the detention application,\n> > \n> > > (c) 4pm on the day that is 3 business days after the day on which the decision was made.\n> \n> > (3) A bail decision does not entitle a person to be at liberty while the decision is stayed.\n> \n> > (4) A detention application made to the Supreme Court when a decision is stayed under this section is to be dealt with as expeditiously as possible.\n> \n> > (5) In this section—\n> > \n> > authorised officer means the Commissioner of Police or a member of the NSW Police Force authorised by the Commissioner of Police to exercise the functions of an authorised officer under this section.\n> > \n> > business day means a day that is not a Saturday, a Sunday or a public holiday throughout New South Wales.\n> > \n> > serious offence means—\n> > \n> > > (a) the offence of murder or any other offence punishable by imprisonment for life, or\n> > \n> > > (b) an offence under or mentioned in a provision of Part 3 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) involving sexual intercourse, or an attempt to have sexual intercourse, with a person under the age of 16 years, or\n> > \n> > > (c) a serious domestic violence offence, or\n> > \n> > > (d) an offence against the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), section 54D, or\n> > \n> > > (e) an offence against a provision of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), Part 3, Division 10, Subdivision 2.\n> \n> **s 40:** Am 2020 No 31, Sch 1.1\\[3\\]; 2024 No 30, Sch 1\\[8\\]; 2025 No 61, Sch 3.1\\[2\\].","sortOrder":62},{"sectionNumber":"41","sectionType":"section","heading":"Limitation on length of adjournments if bail refused","content":"#### 41 Limitation on length of adjournments if bail refused\n\n41 Limitation on length of adjournments if bail refused\n\n> > (1) If an accused person is refused bail for an offence—\n> > \n> > > (a) an authorised justice or the Local Court is not to adjourn the hearing of the matter for a period exceeding 8 clear days, except with the consent of the accused person, and\n> > \n> > > (b) an authorised justice who is not a registrar of the Local Court is not to adjourn the hearing of the matter, on a first adjournment, for a period exceeding 3 clear days, and\n> > \n> > > (c) any second or subsequent adjournment of the hearing by an authorised justice who is not a registrar of the Local Court must—\n> > > \n> > > > (i) be for a period not exceeding 48 hours, and\n> > > \n> > > > (ii) be to the Local Court constituted by a Judge of the Local Court, if a judge is reasonably available to deal with the case.\n> \n> > (2) Subsection (1) does not apply to an adjournment of a hearing if—\n> > \n> > > (a) the accused person is in custody for some other offence, and\n> > \n> > > (b) the authorised justice or court is satisfied that there are reasonable grounds for a longer period of adjournment, and\n> > \n> > > (c) the accused person would be in custody for the other offence for the balance of the longer period.\n> \n> > (3) The consent of the accused person is not to be sought or given for the purposes of subsection (1) (a) unless the authorised justice or court first advises the person whether or not bail will be granted to the person and the proposed bail conditions (if any).\n> \n> **s 41:** Am 2025 No 61, Sch 2.2\\[1\\].","sortOrder":63},{"sectionNumber":"42","sectionType":"section","heading":"Notice required if accused person granted bail remains in custody","content":"#### 42 Notice required if accused person granted bail remains in custody\n\n42 Notice required if accused person granted bail remains in custody\n\n> > (1) A person who has custody of an accused person granted bail must cause a court to be given notice that the accused person is still in custody if the accused person is still in custody because a bail condition has not been complied with.\n> \n> > (2) The notice must be given to a court that has power to hear a variation application before the expiration of 8 days after the day bail is granted.\n> \n> > (3) A notice is required to be given only once for any particular grant of bail.\n> \n> > (4) For the purposes of this section, the person who has custody of an accused person is—\n> > \n> > > (a) the general manager or other person who has the control and management of the correctional centre where the accused person is in custody, or\n> > \n> > > (b) the person in charge of the lock-up or police station where the accused person is in custody.\n> \n> > (5) The regulations may make provision for the form of a notice under this section and for the information to accompany the notice.\n> \n> > (6) This section does not affect the requirement that an accused person in police custody who is not released on bail granted by a police officer be brought before a court as soon as practicable.\n> \n> **s 42:** Am 2025 No 61, Sch 3.1\\[2\\]; 2025 No 62, Sch 2.","sortOrder":64},{"sectionNumber":"Part 5","sectionType":"part","heading":"Powers to make and vary bail decisions","content":"# Part 5 Powers to make and vary bail decisions\n\nPart 5 Powers to make and vary bail decisions\n\nNote.\n\nAdditional powers are conferred by Parts 8 and 9.","sortOrder":65},{"sectionNumber":"43","sectionType":"section","heading":"Police power to make bail decision","content":"#### 43 Police power to make bail decision\n\n43 Police power to make bail decision\n\n> > (1) A police officer may make a bail decision for an offence if the person accused of the offence is present at a police station and the officer is—\n> > \n> > > (a) a police officer of or above the rank of sergeant and present at the police station, or\n> > \n> > > (b) for the time being in charge of the police station.\n> \n> > (1A) A police officer of or above the rank of sergeant at a hospital may make a bail decision for an offence if—\n> > \n> > > (a) the person accused of the offence is present at the hospital to receive treatment, and\n> > \n> > > (b) in the opinion of the police officer, it is not reasonable to take the person to a police station due to the person’s incapacity or illness.\n> \n> > (1B) A police officer of or above the rank of sergeant at a mental health facility (within the meaning of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008)) may, despite subsection (3), make a bail decision for an offence if the person accused of the offence is detained in the mental health facility for assessment under section 19(a) or (b) or section 21(1)(a) or (b) of the [Mental Health and Cognitive Impairment Forensic Provisions Act 2020](/view/html/inforce/current/act-2020-012) and has been found on assessment at the mental health facility not to be a mentally ill person or mentally disordered person.\n> \n> > (2) The police officer may—\n> > \n> > > (a) release the person without bail, or\n> > \n> > > (b) grant bail (with or without the imposition of bail conditions), or\n> > \n> > > (c) refuse bail.\n> \n> > (3) A police officer cannot make a bail decision if—\n> > \n> > > (a) a bail decision for the offence has been made by a court, or\n> > \n> > > (b) the accused person has already made a first appearance for the offence and bail has been dispensed with.\n> \n> > (4) A police officer cannot grant bail or release a person without bail if the accused person has been arrested under a warrant to bring the person before a court for sentencing.\n> \n> > (5) Despite subsection (4), a police officer may grant bail to a person arrested as referred to in that subsection if the police officer is satisfied that exceptional circumstances justify the grant of bail.\n> \n> **s 43:** Am 2015 No 44, Sch 1 \\[9\\]; 2017 No 44, Sch 1.1 \\[1\\]; 2020 No 12, Sch 3.1; 2025 No 61, Sch 3.1\\[2\\].","sortOrder":67},{"sectionNumber":"43A","sectionType":"section","heading":"Police power to make bail decision—witnesses","content":"#### 43A Police power to make bail decision—witnesses\n\n43A Police power to make bail decision—witnesses\n\n> > (1) A police officer may make a bail decision in respect of a person referred to in section 229 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) if the person is unable to be brought before a court immediately after the person’s arrest.\n> \n> > (2) Subject to subsection (3), this Act applies to the person as if—\n> > \n> > > (a) the person were accused of an offence, and\n> > \n> > > (b) the proceedings in which the person is required to be examined or produce a document or thing were proceedings for that offence.\n> \n> > (3) In making a bail decision under this section, a police officer may not impose any bail conditions under this Act.\n> \n> > (4) Bail may be granted for the period between—\n> > \n> > > (a) the police officer making a bail decision for the purposes of this section, and\n> > \n> > > (b) the person being examined as a witness or producing the document or thing.\n> \n> Note.\n> \n> See section 230 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) for provisions relating to bail decisions made by courts and authorised officers.\n> \n> **s 43A:** Ins 2019 No 20, Sch 1.1\\[1\\]. Am 2025 No 61, Sch 3.1\\[7\\]–\\[9\\].","sortOrder":68},{"sectionNumber":"44","sectionType":"section","heading":"Bail decision to be made after person is charged","content":"#### 44 Bail decision to be made after person is charged\n\n44 Bail decision to be made after person is charged\n\n> > (1) A police officer must ensure that, as soon as reasonably practicable after a person in police custody is charged with an offence—\n> > \n> > > (a) a bail decision is made for the offence by a police officer with power to make a bail decision, or the person is brought before a court to be dealt with according to law, and\n> > \n> > > (b) the person is given the bail eligibility information.\n> \n> > (2) A record is to be kept, in the form prescribed by the regulations, verifying that the person charged has been given the bail eligibility information.\n> \n> > (3) It is not necessary to give the bail eligibility information to a person if the person is released without bail.\n> \n> > (4) A police officer may defer making a bail decision in respect of an intoxicated person while the person is an intoxicated person, but only if the deferral does not cause delay in bringing the person before a court.\n> \n> > (5) In this section, bail eligibility information means written information, of a kind prescribed by the regulations, about eligibility for bail and the entitlement to request a review of a bail decision made by a police officer.\n> \n> **s 44:** Am 2025 No 61, Sch 3.1\\[2\\].","sortOrder":69},{"sectionNumber":"45","sectionType":"section","heading":"Procedures after bail decision is made","content":"#### 45 Procedures after bail decision is made\n\n45 Procedures after bail decision is made\n\n> > (1) A police officer who grants or refuses bail must, without unreasonable delay—\n> > \n> > > (a) ensure that the accused person is informed that the person may communicate with an Australian legal practitioner or other person of the person’s choice about bail, and\n> > \n> > > (b) subject to the regulations, ensure the accused person is provided with any facilities the person requests to enable the person to make that communication that the officer is reasonably able to provide.\n> \n> > (2) A police officer is not required to comply with subsection (1) if the officer believes on reasonable grounds that it is necessary to do so in order to prevent—\n> > \n> > > (a) the escape of an accomplice of the accused person, or\n> > \n> > > (b) the loss, destruction or fabrication of evidence relating to any offence.","sortOrder":70},{"sectionNumber":"46","sectionType":"section","heading":"Duties if bail refused or accused person not released","content":"#### 46 Duties if bail refused or accused person not released\n\n46 Duties if bail refused or accused person not released\n\n> > (1) A police officer must ensure any accused person charged with an offence who is refused bail by a police officer with power to grant bail, or is not released on bail granted by a police officer, is brought before a court as soon as practicable to be dealt with according to law.\n> \n> > (2) A police officer must, if it is reasonably practicable to do so, ensure that the facilities prescribed by the regulations are made available to any accused person in police custody who is to be brought, on a first appearance for an offence, before a court more than 4 hours after the person came into custody.\n> \n> **s 46:** Am 2025 No 61, Sch 3.1\\[2\\].","sortOrder":71},{"sectionNumber":"47","sectionType":"section","heading":"Review of police decision by senior police officer","content":"#### 47 Review of police decision by senior police officer\n\n47 Review of police decision by senior police officer\n\n> > (1) A senior police officer may carry out a review of a bail decision made by a police officer if—\n> > \n> > > (a) bail was refused, or\n> > \n> > > (b) bail conditions were imposed.\n> \n> > (2) A senior police officer must carry out a review, at the request of the accused person, if—\n> > \n> > > (a) bail was refused, or\n> > \n> > > (b) bail was granted subject to a pre-release requirement and the accused person cannot comply with the pre-release requirement.\n> \n> > (3) A senior police officer may carry out a review on the police officer’s own initiative.\n> \n> > (4) A senior police officer may, after carrying out a review of a bail decision—\n> > \n> > > (a) affirm the bail decision, or\n> > \n> > > (b) vary the bail decision.\n> \n> > (5) A review is not to be carried out if to do so would cause a delay in bringing the accused person before a court.\n> \n> > (6) A review is not required if the bail decision has previously been reviewed by a senior police officer.\n> \n> > (7) In this section, senior police officer means—\n> > \n> > > (a) in relation to a bail decision made by a police officer at a police station—\n> > > \n> > > > (i) a police officer at the police station who is senior to the police officer who made the bail decision, or\n> > > \n> > > > (ii) if no such police officer is available at the police station, any other police officer who is senior to the police officer who made the bail decision, or\n> > \n> > > (b) in relation to a bail decision made by a police officer at a hospital or a mental health facility (within the meaning of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008)), subject to the regulations, any other police officer who is senior to the police officer who made the bail decision.\n> \n> > (8) (Repealed)\n> \n> **s 47:** Am 2014 No 52, Sch 1 \\[16\\]–\\[18\\]; 2015 No 44, Sch 1 \\[10\\]; 2017 No 44, Sch 1.1 \\[2\\].","sortOrder":72},{"sectionNumber":"48","sectionType":"section","heading":"Powers of courts and authorised justices to hear bail applications","content":"#### 48 Powers of courts and authorised justices to hear bail applications\n\n48 Powers of courts and authorised justices to hear bail applications\n\n> > (1) A court or authorised justice may make or vary a bail decision, in the manner provided for by this Division, after hearing a bail application.\n> > \n> > Note.\n> > \n> > There are 3 types of bail application—\n> > \n> > > (a) a release application (which can be made by the accused person), or\n> > \n> > > (b) a detention application (which can be made by the prosecutor), or\n> > \n> > > (c) a variation application (which can be made by any interested person).\n> \n> > (2) A bail application can be made to, and heard by, a court or authorised justice only if the court or authorised justice has power to hear the application.\n> \n> > (3) A court or authorised justice has power to hear a bail application in the circumstances specified in Part 6.\n> > \n> > Note.\n> > \n> > In general, a court has power to hear a bail application if—\n> > \n> > > (a) proceedings for the offence are pending in the court, or\n> > \n> > > (b) proceedings on an appeal against a conviction or sentence of the court are pending in another court and the accused person has not made a first appearance before the other court, or\n> > \n> > > (c) the bail decision to be varied was made by the court.\n> > \n> > However, additional powers, and restrictions on powers, also apply under Part 6.","sortOrder":74},{"sectionNumber":"49","sectionType":"section","heading":"Accused person may make release application","content":"#### 49 Accused person may make release application\n\n49 Accused person may make release application\n\n> > (1) A person accused of an offence may apply to a court for bail for the offence to be granted or dispensed with.\n> \n> > (2) An application under this section is a release application.\n> \n> > (3) A court may, after hearing the release application—\n> > \n> > > (a) dispense with bail, or\n> > \n> > > (b) grant bail (with or without the imposition of bail conditions), or\n> > \n> > > (c) refuse bail.\n> \n> > (4) If a bail decision has already been made, a court may, after hearing the release application—\n> > \n> > > (a) affirm the bail decision, or\n> > \n> > > (b) vary the bail decision.\n> \n> **s 49:** Am 2025 No 61, Sch 3.1\\[2\\].","sortOrder":75},{"sectionNumber":"50","sectionType":"section","heading":"Prosecutor may make detention application","content":"#### 50 Prosecutor may make detention application\n\n50 Prosecutor may make detention application\n\n> > (1) The prosecutor in proceedings for an offence may apply to a court for the refusal or revocation of bail for an offence or for the grant of bail with the imposition of bail conditions.\n> \n> > (2) An application under this section is a detention application.\n> \n> > (3) A court may, after hearing the detention application—\n> > \n> > > (a) dispense with bail, or\n> > \n> > > (b) grant bail (with or without the imposition of bail conditions), or\n> > \n> > > (c) refuse bail.\n> \n> > (4) If a bail decision has already been made, a court may, after hearing the detention application—\n> > \n> > > (a) affirm the bail decision, or\n> > \n> > > (b) vary the bail decision.\n> \n> > (5) A court is not to hear a detention application unless satisfied that the accused person has been given reasonable notice of the application by the prosecutor, subject to the regulations.\n> \n> > (6) To avoid doubt, a prosecutor may oppose a release application made by an accused person to a court without making a detention application.\n> \n> **s 50:** Am 2014 No 5, Sch 1 \\[4\\]; 2016 No 54, Sch 1.1 \\[3\\]; 2025 No 61, Sch 3.1\\[2\\].","sortOrder":76},{"sectionNumber":"51","sectionType":"section","heading":"Interested person may make variation application","content":"#### 51 Interested person may make variation application\n\n51 Interested person may make variation application\n\n> > (1) An interested person may apply to a court or authorised justice for a variation of bail conditions.\n> \n> > (2) An application under this section is a variation application.\n> \n> > (3) Each of the following persons is an interested person—\n> > \n> > > (a) the accused person granted bail,\n> > \n> > > (b) the prosecutor in proceedings for the offence,\n> > \n> > > (c) the complainant for a domestic violence offence,\n> > \n> > > (d) the person for whose protection an order is or would be made, in the case of bail granted on an application for an order under the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080),\n> > \n> > > (e) the Attorney General.\n> \n> > (4) A court or authorised justice may, after hearing the variation application—\n> > \n> > > (a) refuse the application, or\n> > \n> > > (b) vary the bail decision the subject of the application.\n> \n> > (5) An authorised justice may vary a bail decision only to the extent permitted by this Division.\n> \n> > (6) A court or authorised justice is not to hear a variation application made by a person other than the accused person unless satisfied that the accused person has been given reasonable notice of the application, subject to the regulations.\n> \n> > (7) A court or authorised justice is not to hear a variation application made by a person other than the prosecutor in the proceedings unless satisfied that the prosecutor has been given reasonable notice of the application, subject to the regulations.\n> \n> > (8) A court or authorised justice must not vary a bail decision on the application of a person referred to in subsection (3) (c) or (d) unless the prosecutor in the proceedings has been given a reasonable opportunity to be heard on the application.\n> \n> > (9) A court must not revoke bail on a variation application unless revocation is requested by the prosecutor in the proceedings.\n> \n> > (10) For the purposes of this section, the Commissioner of Police is, in the case of bail granted on an application for an order under the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080), taken to be the prosecutor in the proceedings.","sortOrder":77},{"sectionNumber":"52","sectionType":"section","heading":"Powers of authorised justices to vary court decisions","content":"#### 52 Powers of authorised justices to vary court decisions\n\n52 Powers of authorised justices to vary court decisions\n\n> > (1) An authorised justice may vary a bail decision of a court on a variation application only if the variation application relates to bail conditions that are reviewable by a justice.\n> \n> > (2) The following bail conditions are reviewable by a justice—\n> > \n> > > (a) a reporting condition, which is a bail condition that requires the person granted bail to report to a police station while at liberty on bail,\n> > \n> > > (b) a residence condition, which is a bail condition that requires the person granted bail to reside at a specified address,\n> > \n> > > (c) an association condition, which is a bail condition (however expressed) that requires the person granted bail to refrain from associating with a specified person or class of persons or to refrain from frequenting a specified place or class of places,\n> > \n> > > (d) a curfew condition, which is a bail condition (however expressed) that imposes a curfew on the person.\n> \n> > (3) After hearing the variation application, the authorised justice may—\n> > \n> > > (a) vary a reporting condition, or\n> > \n> > > (b) vary (but not revoke) a residence condition, an association condition or a curfew condition.\n> \n> > (4) An authorised justice is not to vary a bail condition under this section unless satisfied that—\n> > \n> > > (a) in the case of a variation application made by a person other than the accused person—the accused person has been notified of the application and no objection to the application has been made by the accused person, and\n> > \n> > > (b) in the case of a variation application made by a person other than the prosecutor in the proceedings—the prosecutor has been notified of the application and no objection to the application has been made by the prosecutor.\n> \n> > (5) An authorised justice is not to vary a bail condition under this section—\n> > \n> > > (a) at any time before the determination of summary or committal proceedings against the accused person, if the bail condition was imposed by the Supreme Court, or\n> > \n> > > (b) at any time after the determination of summary or committal proceedings against the accused person.\n> \n> > (6) Subsection (5) does not prevent an authorised justice from varying a reporting condition—\n> > \n> > > (a) to vary the days on which, or the times at which, an accused person must report to a police station, or\n> > \n> > > (b) to vary the police station to which the accused person must report.","sortOrder":78},{"sectionNumber":"53","sectionType":"section","heading":"Discretion to make or vary bail decision without bail application","content":"#### 53 Discretion to make or vary bail decision without bail application\n\n53 Discretion to make or vary bail decision without bail application\n\n> > (1) A court with power to hear a bail application may, of its own motion, on a first appearance by an accused person for an offence—\n> > \n> > > (a) grant bail to the person (with or without the imposition of bail conditions), or\n> > \n> > > (b) vary a previous bail decision made for the offence (but not so as to refuse bail).\n> \n> > (2) A court may exercise a power under this section only to benefit the accused person.\n> \n> > (3) This section does not limit the powers of a court when a bail application is made.\n> \n> > (4) This section does not permit the grant of bail, without a bail application, for a show cause offence.\n> \n> **s 53:** Am 2014 No 52, Sch 1 \\[19\\]; 2025 No 61, Sch 3.1\\[2\\].","sortOrder":80},{"sectionNumber":"54","sectionType":"section","heading":"Discretion to refuse bail if no application is made","content":"#### 54 Discretion to refuse bail if no application is made\n\n54 Discretion to refuse bail if no application is made\n\n> A court or authorised justice with power to hear a bail application may, of its own motion, refuse bail to an accused person or affirm a decision to refuse bail if—\n> \n> > (a) the accused person is in custody and is brought before the court or authorised justice on a first appearance for an offence, and\n> \n> > (b) a bail decision has not been made, or bail has been refused, and\n> \n> > (c) a bail application is not made.","sortOrder":81},{"sectionNumber":"55","sectionType":"section","heading":"Variation of bail decision if accused person remains in custody","content":"#### 55 Variation of bail decision if accused person remains in custody\n\n55 Variation of bail decision if accused person remains in custody\n\n> > (1) A court that has power to hear a variation application may conduct a hearing (without application) if an accused person granted bail has remained in custody because a bail condition has not been complied with.\n> \n> > (2) The purpose of the hearing is to review the bail conditions imposed on the grant of bail, not the decision to grant bail.\n> \n> > (3) The court may conduct the hearing of its own motion or at the request of the accused person or a police officer.\n> \n> > (4) A hearing under this section is not to be conducted at the request of a police officer unless the court is satisfied that the request was made—\n> > \n> > > (a) to benefit the accused person, and\n> > \n> > > (b) with the consent of the accused person.\n> \n> > (5) If the court decides to conduct a hearing, this Act applies (subject to the regulations) as if the hearing were a hearing of a variation application, except that the powers of the court are the powers conferred by this section.\n> \n> > (6) The court may, after hearing a variation application of a kind referred to in this section—\n> > \n> > > (a) affirm the bail decision (as to the conditions of bail), or\n> > \n> > > (b) vary the bail decision, but not revoke or refuse bail.\n> \n> **s 55:** Am 2025 No 61, Sch 3.1\\[2\\].","sortOrder":82},{"sectionNumber":"56","sectionType":"section","heading":"Discretion to defer decision if accused person is intoxicated","content":"#### 56 Discretion to defer decision if accused person is intoxicated\n\n56 Discretion to defer decision if accused person is intoxicated\n\n> > (1) A court or authorised justice may defer making a bail decision if an accused person is an intoxicated person.\n> \n> > (2) For that purpose, the court or authorised justice may—\n> > \n> > > (a) adjourn the hearing of the matter, but not for more than 24 hours, and\n> > \n> > > (b) issue a warrant remanding the accused person to a correctional centre or other place of security until the further hearing of the matter.","sortOrder":83},{"sectionNumber":"57","sectionType":"section","heading":"Bail conditions not to be varied contrary to court direction","content":"#### 57 Bail conditions not to be varied contrary to court direction\n\n57 Bail conditions not to be varied contrary to court direction\n\n> > (1) The Local Court must not vary a bail condition imposed by a higher court that the higher court has directed is not to be varied by the Local Court, unless both the accused person and the prosecutor in the proceedings agree to the variation.\n> \n> > (2) An authorised justice must not vary a bail condition imposed by a court if the court that imposed the bail condition has directed that the condition is not to be varied by an authorised justice.\n> \n> > (3) This section does not affect the powers of the Local Court or authorised justice under Part 8 or 9.\n> > \n> > Note.\n> > \n> > Part 8 permits the Local Court to revoke or refuse bail for a failure or threatened failure to comply with a bail acknowledgment. Part 9 permits bail to be revoked or a bail condition to be varied in connection with security requirements.\n> \n> **s 57:** Am 2025 No 61, Sch 3.1\\[10\\].","sortOrder":85},{"sectionNumber":"58","sectionType":"section","heading":"Authorised justice must not vary or impose enforcement conditions","content":"#### 58 Authorised justice must not vary or impose enforcement conditions\n\n58 Authorised justice must not vary or impose enforcement conditions\n\n> > (1) An authorised justice must not vary enforcement conditions or impose new enforcement conditions.\n> \n> > (2) However, an enforcement condition imposed by a court may be reimposed by an authorised justice who varies a bail decision.\n> \n> **s 58:** Am 2025 No 61, Sch 3.1\\[11\\].","sortOrder":86},{"sectionNumber":"Part 6","sectionType":"part","heading":"Powers to hear bail applications","content":"# Part 6 Powers to hear bail applications\n\nPart 6 Powers to hear bail applications","sortOrder":87},{"sectionNumber":"59","sectionType":"section","heading":"Meaning of pending proceedings","content":"#### 59 Meaning of pending proceedings\n\n59 Meaning of pending proceedings\n\n> In this Part, a reference to proceedings for an offence pending in a court is a reference to substantive proceedings pending in the court.\n> \n> Note.\n> \n> See definition in section 5.","sortOrder":89},{"sectionNumber":"60","sectionType":"section","heading":"Part applies to bail applications only","content":"#### 60 Part applies to bail applications only\n\n60 Part applies to bail applications only\n\n> To avoid doubt, this Part does not limit the powers of a court or authorised justice under Part 8 or 9.\n> \n> Note.\n> \n> Parts 8 and 9 confer powers to vary bail decisions in connection with enforcement and security requirements.","sortOrder":90},{"sectionNumber":"61","sectionType":"section","heading":"Power to hear bail application if proceedings are pending in court","content":"#### 61 Power to hear bail application if proceedings are pending in court\n\n61 Power to hear bail application if proceedings are pending in court\n\n> A court may hear a bail application for an offence if proceedings for the offence are pending in the court.","sortOrder":92},{"sectionNumber":"62","sectionType":"section","heading":"Power to hear bail application if sentence or conviction appealed","content":"#### 62 Power to hear bail application if sentence or conviction appealed\n\n62 Power to hear bail application if sentence or conviction appealed\n\n> A court may hear a bail application for an offence if—\n> \n> > (a) the court has convicted a person of the offence, and\n> \n> > (b) proceedings on an appeal against sentence or conviction are pending in another court, and\n> \n> > (c) the person has not yet made his or her first appearance before the court in the appeal proceedings.","sortOrder":93},{"sectionNumber":"63","sectionType":"section","heading":"Power to hear variation application for own decision","content":"#### 63 Power to hear variation application for own decision\n\n63 Power to hear variation application for own decision\n\n> > (1) A court may hear a variation application for a bail decision made by the court (however constituted).\n> \n> > (2) (Repealed)\n> \n> **s 63:** Am 2025 No 61, Sch 3.1\\[12\\].","sortOrder":94},{"sectionNumber":"64","sectionType":"section","heading":"Powers specific to Local Court and authorised justices","content":"#### 64 Powers specific to Local Court and authorised justices\n\n64 Powers specific to Local Court and authorised justices\n\n> Note.\n> \n> The Local Court includes—\n> \n> > (a) the Children’s Court, and\n> \n> > (b) the Drug Court (because of section 24 of the [Drug Court Act 1998](/view/html/inforce/current/act-1998-150)).\n> \n> > (1) The Local Court may hear a release application or detention application in respect of a person—\n> > \n> > > (a) brought or appearing before the Court and accused of an offence, or\n> > \n> > > (b) not brought or appearing before the Court, if the person is an appellant under Part 3, 4 or 5 of the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120).\n> \n> > (2) Subsection (1) (b) is subject to any exceptions provided for by the regulations.\n> \n> > (3) The Local Court may hear a bail application for an offence if a bail decision for the offence has been made by a police officer.\n> \n> > (4) The Local Court may hear a variation application for an offence if a bail decision has been made by a higher court.\n> > \n> > Note.\n> > \n> > Section 57 permits the Local Court to vary bail conditions imposed by a higher court only with the consent of the accused person and the prosecutor.\n> \n> > (5) An authorised justice may hear a variation application for an offence if a bail decision has been made by a court and the variation application relates to bail conditions that are reviewable by a justice (within the meaning of section 52).\n> > \n> > Note.\n> > \n> > Section 52 limits the powers that can be exercised by an authorised justice when hearing a variation application in relation to a bail decision made by a court. See also sections 57 and 58.\n> \n> **s 64:** Am 2014 No 5, Sch 1 \\[5\\]; 2025 No 61, Sch 3.1\\[2\\] \\[10\\] \\[13\\].","sortOrder":96},{"sectionNumber":"65","sectionType":"section","heading":"Powers specific to District Court","content":"#### 65 Powers specific to District Court\n\n65 Powers specific to District Court\n\n> Note.\n> \n> The District Court includes the Drug Court (because of section 24 of the [Drug Court Act 1998](/view/html/inforce/current/act-1998-150)).\n> \n> The District Court may hear a bail application if—\n> \n> > (a) the District Court has made an order under section 101 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) for the continuation of proceedings before a Judge of the Local Court and the accused person is before the District Court, or\n> \n> > (b) the District Court has made an order under section 20 (1) of the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055) for the remission of a matter to the Children’s Court and the accused person is before the District Court.\n> \n> **s 65:** Am 2018 No 87, Sch 1.2 \\[4\\]; 2025 No 61, Sch 2.2\\[2\\].","sortOrder":97},{"sectionNumber":"66","sectionType":"section","heading":"Powers specific to Supreme Court","content":"#### 66 Powers specific to Supreme Court\n\n66 Powers specific to Supreme Court\n\n> > (1) The Supreme Court may hear a release application for an offence if bail for the offence has been refused by another court or a police officer.\n> \n> > (2) The Supreme Court may hear a detention application or variation application for an offence if a bail decision has been made by the District Court, the Local Court or a police officer.\n> \n> **s 66:** Am 2025 No 61, Sch 3.1\\[14\\].","sortOrder":98},{"sectionNumber":"67","sectionType":"section","heading":"Powers specific to Court of Criminal Appeal","content":"#### 67 Powers specific to Court of Criminal Appeal\n\n67 Powers specific to Court of Criminal Appeal\n\n> > (1) The Court of Criminal Appeal may hear a bail application for an offence if—\n> > \n> > > (a) the Court has ordered a new trial and the new trial has not commenced, or\n> > \n> > > (b) the Court has made an order under section 8A (1) of the [Criminal Appeal Act 1912](/view/html/inforce/current/act-1912-016) and the person is before the Court, or\n> > \n> > > (c) the Court has directed a stay of execution of a conviction and the stay is in force, or\n> > \n> > > (d) an appeal from the Court is pending in the High Court, or\n> > \n> > > (e) a bail decision has been made by the Land and Environment Court, the Industrial Court or the Supreme Court.\n> \n> > (2) Despite subsection (1) (e), a Judge of the Court of Criminal Appeal sitting alone cannot hear a bail application if a bail decision has been made by the Supreme Court (however constituted) unless the rules made under the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052) permit the Judge to do so.\n> \n> **s 67:** Am 2016 No 48, Sch 2.3 \\[2\\]; 2023 No 41, Sch 2.3\\[2\\].","sortOrder":99},{"sectionNumber":"68","sectionType":"section","heading":"Limited powers when proceedings pending in another court","content":"#### 68 Limited powers when proceedings pending in another court\n\n68 Limited powers when proceedings pending in another court\n\n> > (1) The Local Court cannot hear a bail application if—\n> > \n> > > (a) proceedings for the offence are pending in a court (other than the Local Court) and the accused person has made his or her first appearance before the court in those proceedings, or\n> > \n> > > (b) summary proceedings for the offence are pending in the Supreme Court, or\n> > \n> > > (c) the accused person has made his or her first appearance before the Supreme Court after being brought up by a writ of habeas corpus following summary conviction for the offence.\n> \n> > (2) Subsection (1) does not prevent the hearing of a release application in respect of a person if—\n> > \n> > > (a) the person is arrested under a bench warrant (as referred to in section 312 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209)), or\n> > \n> > > (b) the person’s appearance is consequent on the making of an order under section 20 (1) of the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055) (a provision that allows a court to remit an offence to the Children’s Court for sentencing), or\n> > \n> > > (c) proceedings for the offence concerned are continued before a Judge of the Local Court under section 101 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) or section 8A (2) of the [Criminal Appeal Act 1912](/view/html/inforce/current/act-1912-016).\n> \n> > (2A) Despite subsection (1) (a), the Local Court may hear a variation application with the consent of the accused person and the prosecutor.\n> \n> > (3) The District Court or the Land and Environment Court cannot hear a bail application if—\n> > \n> > > (a) proceedings for the offence are pending in the Supreme Court or the Court of Criminal Appeal and the accused person has made his or her first appearance before the court in those proceedings, or\n> > \n> > > (b) the accused person has made his or her first appearance before the Supreme Court after being brought up by a writ of habeas corpus following summary conviction for the offence.\n> \n> **s 68:** Am 2016 No 54, Sch 1.1 \\[4\\]; 2018 No 87, Sch 1.2 \\[4\\]; 2025 No 61, Schs 2.2\\[2\\], 3.1\\[10\\].","sortOrder":101},{"sectionNumber":"69","sectionType":"section","heading":"Limited powers when decision made by Supreme Court or Court of Criminal Appeal","content":"#### 69 Limited powers when decision made by Supreme Court or Court of Criminal Appeal\n\n69 Limited powers when decision made by Supreme Court or Court of Criminal Appeal\n\n> > (1) The Local Court, the District Court, the Land and Environment Court or the Industrial Court (a relevant court) may hear a bail application for an offence when a bail decision has been made by the Supreme Court (however constituted) or the Court of Criminal Appeal only if—\n> > \n> > > (a) proceedings for the offence are pending in the relevant court, and\n> > \n> > > (b) the person appears before the relevant court in those proceedings, and\n> > \n> > > (c) the relevant court is satisfied that special facts or special circumstances justify the hearing of the bail application.\n> \n> > (2) This section has effect subject to any exceptions or other limitations prescribed by the regulations.\n> \n> > (3) This section does not prevent a court from hearing a detention application under Part 8.\n> > \n> > Note.\n> > \n> > Part 8 permits bail to be revoked because of a failure or threatened failure to comply with a bail acknowledgment or bail conditions.\n> \n> **s 69:** Am 2016 No 48, Sch 2.3 \\[3\\]; 2023 No 41, Sch 2.3\\[3\\].","sortOrder":102},{"sectionNumber":"70","sectionType":"section","heading":null,"content":"#### 70\n\n70 (Repealed)","sortOrder":103},{"sectionNumber":"70A","sectionType":"section","heading":"Authorised justice must not make bail decision","content":"#### 70A Authorised justice must not make bail decision\n\n70A Authorised justice must not make bail decision\n\n> > (1) An authorised justice must not make a bail decision.\n> \n> > (2) To avoid doubt, subsection (1) does not prevent an authorised justice exercising a function under section 54.\n> \n> **s 70A:** Ins 2024 No 30, Sch 1\\[9\\]. Subst 2025 No 61, Sch 3.1\\[16\\].","sortOrder":105},{"sectionNumber":"Part 7","sectionType":"part","heading":"General provisions about bail applications","content":"# Part 7 General provisions about bail applications\n\nPart 7 General provisions about bail applications","sortOrder":106},{"sectionNumber":"71","sectionType":"section","heading":"Bail applications to be dealt with expeditiously","content":"#### 71 Bail applications to be dealt with expeditiously\n\n71 Bail applications to be dealt with expeditiously\n\n> A bail application is to be dealt with as soon as reasonably practicable.","sortOrder":107},{"sectionNumber":"72","sectionType":"section","heading":"Application by accused person must be heard on first appearance","content":"#### 72 Application by accused person must be heard on first appearance\n\n72 Application by accused person must be heard on first appearance\n\n> > (1) A court must hear any release application or variation application made by an accused person on a first appearance in substantive proceedings for an offence.\n> \n> > (2) The court is not to decline to hear the application because notice of the application has not been given to the prosecutor in the proceedings, but may adjourn the hearing, to enable notice to be given, if the court considers it necessary in the interests of justice.\n> \n> **s 72:** Am 2025 No 61, Sch 3.1\\[2\\].","sortOrder":108},{"sectionNumber":"73","sectionType":"section","heading":"Discretionary grounds to refuse to hear bail application","content":"#### 73 Discretionary grounds to refuse to hear bail application\n\n73 Discretionary grounds to refuse to hear bail application\n\n> > (1) A court may refuse to hear a bail application if satisfied that—\n> > \n> > > (a) the application is frivolous or vexatious, or\n> > \n> > > (b) the application is without substance or otherwise has no reasonable prospect of success.\n> \n> > (2) A court (other than the Local Court) may refuse to hear a bail application if satisfied that the application could be dealt with as a variation application by the Local Court or an authorised justice.\n> \n> > (3) This section does not apply to a release application or a variation application made by an accused person on a first appearance in substantive proceedings for the offence.","sortOrder":109},{"sectionNumber":"74","sectionType":"section","heading":"Multiple release or detention applications to same court not permitted","content":"#### 74 Multiple release or detention applications to same court not permitted\n\n74 Multiple release or detention applications to same court not permitted\n\n> > (1) A court that refuses bail for an offence, or that affirms a decision to refuse bail for an offence, after hearing a release application is to refuse to hear another release application made by the accused person for the same offence, unless there are grounds for a further release application.\n> \n> > (2) A court that grants or dispenses with bail for an offence, or that affirms a decision to grant or dispense with bail for an offence, after hearing a detention application is to refuse to hear another detention application made by the prosecution for the same offence, unless there are grounds for a further detention application.\n> \n> > (3) For the purposes of this section, the grounds for a further release application are—\n> > \n> > > (a) the person was not legally represented when the previous application was dealt with and the person now has legal representation, or\n> > \n> > > (b) material information relevant to the grant of bail is to be presented in the application that was not presented to the court in the previous application, or\n> > \n> > > (c) circumstances relevant to the grant of bail have changed since the previous application was made, or\n> > \n> > > (d) the person is a child and the previous application was made on a first appearance for the offence.\n> \n> > (4) For the purposes of this section, the grounds for a further detention application are—\n> > \n> > > (a) material information relevant to the grant of bail is to be presented in the application that was not presented to the court in the previous application, or\n> > \n> > > (b) circumstances relevant to the grant of bail have changed since the previous application was made.\n> \n> > (5) In this section, court does not include an authorised justice.\n> \n> **s 74:** Am 2014 No 52, Sch 1 \\[20\\].","sortOrder":110},{"sectionNumber":"75","sectionType":"section","heading":"Fresh application to be dealt with as new hearing","content":"#### 75 Fresh application to be dealt with as new hearing\n\n75 Fresh application to be dealt with as new hearing\n\n> Any bail application heard by a court or authorised justice is to be dealt with as a new hearing, and evidence or information may be given in addition to, or in substitution for, the evidence or information given in relation to an earlier bail decision.","sortOrder":111},{"sectionNumber":"76","sectionType":"section","heading":"Regulations relating to bail applications","content":"#### 76 Regulations relating to bail applications\n\n76 Regulations relating to bail applications\n\n> The regulations may make provision for the following—\n> \n> > (a) the manner of making bail applications,\n> \n> > (b) the giving or sending to persons of notices relating to bail applications,\n> \n> > (c) the circumstances in which a bail application may be heard in the absence of the accused person or the accused person’s legal representative, as if the person or representative were present.","sortOrder":112},{"sectionNumber":"Part 8","sectionType":"part","heading":"Enforcement of bail requirements","content":"# Part 8 Enforcement of bail requirements\n\nPart 8 Enforcement of bail requirements\n\nNote.\n\nFor enforcement of security given for the grant of bail, see Schedule 2.","sortOrder":113},{"sectionNumber":"77","sectionType":"section","heading":"Police officers may take actions to enforce bail requirements","content":"#### 77 Police officers may take actions to enforce bail requirements\n\n77 Police officers may take actions to enforce bail requirements\n\n> > (1) Unless section 77A applies, a police officer who believes, on reasonable grounds, that a person has failed to comply with, or is about to fail to comply with, a bail acknowledgment or a bail condition, may—\n> > \n> > > (a) decide to take no action in respect of the failure or threatened failure, or\n> > \n> > > (b) issue a warning to the person, or\n> > \n> > > (c) issue a notice to the person (an application notice) that requires the person to appear before a court or authorised justice, or\n> > \n> > > (d) issue a court attendance notice to the person (if the police officer believes the failure is an offence), or\n> > \n> > > (e) arrest the person, without warrant, and take the person as soon as practicable before a court, or\n> > \n> > > (f) apply to an authorised justice for a warrant to arrest the person.\n> \n> > (2) However, if a police officer arrests a person, without warrant, because of a failure or threatened failure to comply with a bail acknowledgment or a bail condition, the police officer may decide to discontinue the arrest and release the person (with or without issuing a warning or notice).\n> \n> > (3) The following matters are to be considered by a police officer in deciding whether to take action, and what action to take (but do not limit the matters that can be considered)—\n> > \n> > > (a) the relative seriousness or triviality of the failure or threatened failure,\n> > \n> > > (b) whether the person has a reasonable excuse for the failure or threatened failure,\n> > \n> > > (c) the personal attributes and circumstances of the person, to the extent known to the police officer,\n> > \n> > > (d) whether an alternative course of action to arrest is appropriate in the circumstances.\n> \n> > (4) An authorised justice may, on application by a police officer under this section, issue a warrant to apprehend a person granted bail and bring the person before a court.\n> \n> > (5) If a warrant for the arrest of a person is issued under this Act or any other Act or law, a police officer must, despite subsection (1), deal with the person in accordance with the warrant.\n> > \n> > Note.\n> > \n> > Section 101 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) gives power to a police officer to arrest a person in accordance with a warrant.\n> \n> > (6) The regulations may make further provision for application notices.\n> \n> **s 77:** Am 2019 No 20, Sch 1.1\\[2\\]; 2025 No 61, Sch 3.1\\[2\\].","sortOrder":114},{"sectionNumber":"77A","sectionType":"section","heading":"Courts may take action to enforce bail requirement to appear","content":"#### 77A Courts may take action to enforce bail requirement to appear\n\n77A Courts may take action to enforce bail requirement to appear\n\n> > (1) This section applies where bail has been granted in relation to a person who has been sentenced to imprisonment and the execution of the sentence has been stayed under any of the following provisions—\n> > \n> > > (a) section 63(2)(c) of the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120),\n> > \n> > > (b) section 17C(2)(a) of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092),\n> > \n> > > (c) section 69C(2)(a) of the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052).\n> \n> > (2) If the person has failed to appear before a court in accordance with the person’s bail acknowledgment, a court may issue a warrant to apprehend the person and bring the person before a court specified in the warrant.\n> \n> **s 77A:** Ins 2019 No 20, Sch 1.1\\[3\\].","sortOrder":115},{"sectionNumber":"78","sectionType":"section","heading":"Powers of bail authorities","content":"#### 78 Powers of bail authorities\n\n78 Powers of bail authorities\n\n> > (1) A relevant bail authority before which an accused person is brought or appears may, if satisfied that the person has failed or was about to fail to comply with a bail acknowledgment or a bail condition—\n> > \n> > > (a) release the person on the person’s original bail, or\n> > \n> > > (b) vary the bail decision that applies to the person.\n> > > \n> > > Note.\n> > > \n> > > The power to vary a bail decision includes a power to revoke the bail decision and substitute a new bail decision—section 4 (3) (a).\n> \n> > (2) (Repealed)\n> \n> > (3) Part 3 applies to the exercise by the bail authority of its functions under this section.\n> \n> > (4) However, a bail authority may revoke or refuse bail under this section even if the offence is an offence for which there is a right of release under Part 3. An offence ceases to be an offence for which there is a right to release if bail is revoked or refused under this section.\n> \n> > (5) An authorised justice must not make a decision under this section in relation to bail.\n> \n> > (6) In this section, a relevant bail authority means—\n> > \n> > > (a) (Repealed)\n> > \n> > > (b) the Local Court, or\n> > \n> > > (c) a court before which the person is required to appear by his or her bail acknowledgment.\n> \n> **s 78:** Am 2015 No 44, Sch 1 \\[11\\] \\[12\\]; 2025 No 61, Sch 3.1\\[17\\] \\[18\\].","sortOrder":116},{"sectionNumber":"79","sectionType":"section","heading":"Offence of failing to appear","content":"#### 79 Offence of failing to appear\n\n79 Offence of failing to appear\n\n> > (1) A person who, without reasonable excuse, fails to appear before a court in accordance with a bail acknowledgment is guilty of an offence.\n> \n> > (2) The onus is on the person granted bail to prove reasonable excuse.\n> \n> > (3) The maximum penalty for an offence against this section (a fail to appear offence) is the maximum penalty for the offence for which bail was granted, subject to this section.\n> \n> > (4) A penalty of imprisonment for a fail to appear offence is not to exceed 3 years and a monetary penalty for an offence against this section is not to exceed 30 penalty units.","sortOrder":117},{"sectionNumber":"80","sectionType":"section","heading":"Proceedings for fail to appear offence","content":"#### 80 Proceedings for fail to appear offence\n\n80 Proceedings for fail to appear offence\n\n> > (1) Proceedings for a fail to appear offence may be commenced at any time.\n> \n> > (2) Proceedings for a fail to appear offence are to be dealt with summarily—\n> > \n> > > (a) by the court dealing with the offence for which the person failed to appear, constituted in the same way, or\n> > \n> > > (b) where the court referred to in paragraph (a) is the Court of Criminal Appeal, the Supreme Court, the Land and Environment Court or the District Court—by that Court constituted in any other way, or\n> > \n> > > (c) in any case—by the Local Court.\n> \n> > (3) A fail to appear offence, if dealt with by the Court of Criminal Appeal, is to be disposed of in accordance with—\n> > \n> > > (a) such rules made under the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052) as are expressed to apply to offences against this section, and\n> > \n> > > (b) subject to paragraph (a), Part 5 of Chapter 4 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) (as if references to the Supreme Court were references to the Court of Criminal Appeal).\n> > \n> > Note.\n> > \n> > The [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) makes provision for the summary disposal of matters by the Local Court, the District Court and the Supreme Court.\n> \n> > (4) A person convicted by the Supreme Court, the Land and Environment Court, the Industrial Court or the District Court of a fail to appear offence is taken, for the purposes of section 5 (1) of the [Criminal Appeal Act 1912](/view/html/inforce/current/act-1912-016), to have been convicted of the offence on indictment. Accordingly, an appeal to the Court of Criminal Appeal is available under that section.\n> \n> **s 80:** Am 2016 No 48, Sch 2.3 \\[4\\]; 2023 No 41, Sch 2.3\\[4\\].","sortOrder":118},{"sectionNumber":"81","sectionType":"section","heading":"Giving of directions under enforcement conditions","content":"#### 81 Giving of directions under enforcement conditions\n\n81 Giving of directions under enforcement conditions\n\n> If bail is granted subject to an enforcement condition, a police officer may give a direction of a kind specified in the enforcement condition—\n> \n> > (a) in the circumstances specified in the enforcement condition, or\n> \n> > (b) at any other time the police officer has a reasonable suspicion that the accused person has contravened the underlying bail condition in connection with which the enforcement condition is imposed.","sortOrder":119},{"sectionNumber":"Part 9","sectionType":"part","heading":"General provisions about security requirements","content":"# Part 9 General provisions about security requirements\n\nPart 9 General provisions about security requirements","sortOrder":120},{"sectionNumber":"82","sectionType":"section","heading":"Deposit of bail money or bail security","content":"#### 82 Deposit of bail money or bail security\n\n82 Deposit of bail money or bail security\n\n> > (1) A receipt is to be given for any bail money or bail security deposited with a bail authority under a security requirement of a bail condition.\n> \n> > (2) Any such money or security must, subject to the provisions of any other Act, be dealt with as prescribed by the regulations.\n> \n> > (3) An officer or court with whom bail money or bail security is deposited under a security requirement of a bail condition may require the person who provides the money or security to provide information, or to agree to a means, to enable the return of the money or security if it is to be returned.","sortOrder":121},{"sectionNumber":"83","sectionType":"section","heading":"Bail guarantor may apply to be discharged of liability","content":"#### 83 Bail guarantor may apply to be discharged of liability\n\n83 Bail guarantor may apply to be discharged of liability\n\n> > (1) A person who enters into a bail security agreement (other than the person granted bail) may at any time apply to a court to be discharged of his or her liability under the agreement.\n> \n> > (2) An application may be made to the court that granted bail or to the court of appearance.\n> \n> > (3) An authorised justice must, if an application for discharge of liability is made and the person granted bail is not then before the court or otherwise in custody—\n> > \n> > > (a) issue a warrant to apprehend the person and bring the person before the court, or\n> > \n> > > (b) issue a summons for the person’s appearance before the court.\n> \n> > (4) When the person granted bail appears before the court, the court must, unless satisfied that it would be unjust to do so, direct that the applicant be discharged from the applicant’s liability. The applicant is discharged accordingly.\n> \n> > (5) A court that discharges an applicant from liability under a bail security agreement may—\n> > \n> > > (a) vary the bail conditions of the person granted bail, and\n> > \n> > > (b) by warrant commit the person to a correctional centre or other place of security until those conditions are complied with.\n> \n> > (6) In this section, court of appearance means the court before which a person granted bail is required to appear by that bail.","sortOrder":122},{"sectionNumber":"84","sectionType":"section","heading":"Bail guarantor must not dispose of bail security","content":"#### 84 Bail guarantor must not dispose of bail security\n\n84 Bail guarantor must not dispose of bail security\n\n> A person who enters into a bail security agreement under which he or she deposits bail security must not dispose of the bail security, or cause or allow the bail security to be disposed of, for the purpose of preventing the bail security from being realised.\n> \n> Maximum penalty—imprisonment for 2 years.","sortOrder":123},{"sectionNumber":"85","sectionType":"section","heading":"Revocation of bail if bail security no longer intact","content":"#### 85 Revocation of bail if bail security no longer intact\n\n85 Revocation of bail if bail security no longer intact\n\n> > (1) A court may at any time revoke a person’s bail if it appears that any bail security deposited with the bail authority under a bail condition of that bail has ceased to be intact.\n> \n> > (2) Bail security ceases to be intact if—\n> > \n> > > (a) it ceases to exist, or\n> > \n> > > (b) its value is diminished, or\n> > \n> > > (c) it ceases to be available as security for any reason (for example, because it ceases to be in the ownership or control of the person by whom it was deposited).\n> \n> > (3) The court must not revoke a person’s bail under this section unless—\n> > \n> > > (a) it has caused written notice of the proposed revocation to be served on the person, and\n> > \n> > > (b) it has given the person at least 28 days from the date on which the notice was served—\n> > > \n> > > > (i) to demonstrate to the court that the bail security is still intact, or\n> > > \n> > > > (ii) to arrange for the deposit of replacement or supplementary security (whether by the same person or another person).\n> \n> > (4) The written notice—\n> > \n> > > (a) must contain such information as the regulations require, and\n> > \n> > > (b) must be sent by post to the person at the person’s address specified in the relevant bail acknowledgment or, if the person has subsequently notified the court of a change of address, to the person’s address most recently notified, and\n> > \n> > > (c) is presumed to have been served on the person at the end of the seventh day after it was posted, unless the person establishes that it was not delivered to that address within that time.","sortOrder":124},{"sectionNumber":"86","sectionType":"section","heading":"Offence of indemnifying bail guarantor","content":"#### 86 Offence of indemnifying bail guarantor\n\n86 Offence of indemnifying bail guarantor\n\n> > (1) A person who indemnifies another person, or agrees to indemnify another person, against any forfeiture that the other person may incur under a bail security agreement is guilty of an offence.\n> > \n> > Maximum penalty on indictment: 30 penalty units or imprisonment for 3 years, or both.\n> \n> > (2) A person who is indemnified by, or enters into any agreement under which the person is to be indemnified by, another person against any forfeiture the first person may incur under a bail security agreement is guilty of an offence.\n> > \n> > Maximum penalty on indictment: 30 penalty units or imprisonment for 3 years, or both.\n> \n> > (3) An offence is committed against this section—\n> > \n> > > (a) whether an agreement is entered into before or after a person to be indemnified enters into a bail security agreement, and\n> > \n> > > (b) whether the compensation is or is to be in money or in money’s worth.\n> \n> > (4) This section does not apply to any indemnity given by the Minister administering the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) against any forfeiture that a member of the Government Service may incur as a result of entering into a bail security agreement for the purpose of fulfilling a condition imposed on the grant of bail to a person under the parental responsibility of that Minister.\n> \n> > (5) Proceedings for an offence against this section may be instituted only with the consent of the Minister.","sortOrder":125},{"sectionNumber":"87","sectionType":"section","heading":"Bail guarantor does not have right to arrest","content":"#### 87 Bail guarantor does not have right to arrest\n\n87 Bail guarantor does not have right to arrest\n\n> A person who enters into a bail security agreement does not have a right to arrest an accused person as a result of entering into the agreement.","sortOrder":126},{"sectionNumber":"88","sectionType":"section","heading":"Return of bail money and security","content":"#### 88 Return of bail money and security\n\n88 Return of bail money and security\n\n> > (1) A court that makes a finding that a person granted bail is guilty or not guilty of an offence must ensure that consideration is given to returning any bail money or bail security deposited in connection with the grant of bail for the offence.\n> \n> > (2) The regulations may make further provision for the return of bail money and bail security.\n> \n> **s 88:** Am 2014 No 5, Sch 1 \\[6\\] \\[7\\].","sortOrder":127},{"sectionNumber":"Part 10","sectionType":"part","heading":"Miscellaneous","content":"# Part 10 Miscellaneous\n\nPart 10 Miscellaneous","sortOrder":128},{"sectionNumber":"89","sectionType":"section","heading":"Restrictions on publication of association conditions","content":"#### 89 Restrictions on publication of association conditions\n\n89 Restrictions on publication of association conditions\n\n> > (1) A person must not publish or broadcast—\n> > \n> > > (a) the fact that a named person is a prohibited associate of an accused person, or\n> > \n> > > (b) any information calculated to identify a person as a prohibited associate of an accused person.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (2) A person is a prohibited associate of an accused person if a bail condition prohibits or restricts the accused person from associating with the person.\n> \n> > (3) Subsection (1) does not apply to the disclosure of information to any of the following persons—\n> > \n> > > (a) the accused person,\n> > \n> > > (b) the prohibited associate of the accused person,\n> > \n> > > (c) any member of the NSW Police Force,\n> > \n> > > (d) any person involved in the administration of bail or of any penalty to which the accused person is subject while on release on bail,\n> > \n> > > (e) any person involved in proceedings for an alleged failure to comply with a bail acknowledgment or a breach of bail conditions,\n> > \n> > > (f) any other person specified in the bail condition as a person to whom such information may be disclosed,\n> > \n> > > (g) any other person to whom such information is required to be disclosed under any other Act or law.\n> \n> > (4) In the case of bail granted by a court, subsection (1) does not apply to the publication or broadcasting of an official report of the proceedings of the court.","sortOrder":129},{"sectionNumber":"90","sectionType":"section","heading":"Bail for contempt not affected","content":"#### 90 Bail for contempt not affected\n\n90 Bail for contempt not affected\n\n> > (1) This Act does not affect any power or duty that a court, tribunal or person has to grant bail, or to grant relief in the nature of bail, for any contempt or alleged contempt.\n> \n> > (2) Any such power or duty is additional to any power or duty that a court, tribunal or person may have under this Act in relation to any contempt or alleged contempt.\n> \n> > (3) This section does not apply to a contempt or alleged contempt that constitutes an offence and proceedings for which may be commenced by way of information or complaint.","sortOrder":130},{"sectionNumber":"91","sectionType":"section","heading":"Powers in relation to writs of habeas corpus not affected","content":"#### 91 Powers in relation to writs of habeas corpus not affected\n\n91 Powers in relation to writs of habeas corpus not affected\n\n> This Act does not affect the powers of the Supreme Court in relation to a writ of habeas corpus.","sortOrder":131},{"sectionNumber":"92","sectionType":"section","heading":"Time from which accused person is in custody of court","content":"#### 92 Time from which accused person is in custody of court\n\n92 Time from which accused person is in custody of court\n\n> A person granted bail for an offence who is present in a courtroom or court premises when the matter is called is taken to be in the custody of the court on and from the calling of the matter concerned until the court completes its dealing with the matter (whether or not the person surrenders to the custody of the court).","sortOrder":132},{"sectionNumber":"93","sectionType":"section","heading":"Facilitation of proof of bail acknowledgments and decisions","content":"#### 93 Facilitation of proof of bail acknowledgments and decisions\n\n93 Facilitation of proof of bail acknowledgments and decisions\n\n> > (1) A document purporting to be, or to be a copy of, a bail acknowledgment given to or signed by an accused person, and to be certified by a bail officer to be or to be a copy of the acknowledgment, is admissible in evidence in any proceedings and is prima facie evidence of the terms of the acknowledgment.\n> \n> > (2) A document purporting to be a copy of the decision by which a bail condition was imposed, and to be certified by a bail officer to be or to be a copy of the decision, is admissible in evidence in any proceedings and is prima facie evidence of the terms of the bail condition.\n> \n> > (3) A certificate purporting to be signed by a bail officer certifying the following is admissible in evidence in any proceedings and is prima facie evidence of the matters certified—\n> > \n> > > (a) that a bail condition has been varied under this Act,\n> > \n> > > (b) that a bail condition has been varied under this Act in a specified manner and has not otherwise been varied.\n> \n> > (4) A document purporting to be, or to be a copy of, a bail security agreement, and to be certified by a bail officer to be or to be a copy of a bail security agreement, is admissible in evidence in any proceedings and is prima facie evidence of the making of or entry into the agreement and its terms.\n> \n> > (5) A document purporting to be, or to be a copy of, a character acknowledgment, and to be certified by a bail officer to be or to be a copy of the acknowledgment, is admissible in evidence in any proceedings and is prima facie evidence of the making of the acknowledgment and its terms.\n> \n> > (6) In any document, the words “bail officer” after a signature are evidence that the person whose signature it purports to be is in fact a bail officer.\n> \n> > (7) In this section, bail officer means—\n> > \n> > > (a) an officer of a court that has custody of the copy of the bail acknowledgment applicable to an accused person granted bail, or\n> > \n> > > (b) a police officer with power to make a bail decision under this Act, or\n> > \n> > > (c) a person prescribed by the regulations as a bail officer.","sortOrder":133},{"sectionNumber":"94","sectionType":"section","heading":"Facilitation of proof of failure to appear","content":"#### 94 Facilitation of proof of failure to appear\n\n94 Facilitation of proof of failure to appear\n\n> > (1) A document purporting to be a copy of any notice given or sent to an accused person granted bail that specified when he or she was required to appear before a court, and to be certified by a court officer to be a copy of the notice, is admissible in evidence in any proceedings and is prima facie evidence of the terms of the notice.\n> \n> > (2) A certificate purporting to be signed by a court officer certifying that a notice referred to in subsection (1) was given or sent to the accused person in a specified manner on a specified day is admissible in evidence in any proceedings and is prima facie evidence of the matters certified.\n> \n> > (3) A certificate purporting to be signed by a court officer and stating that a specified person did not appear before a specified court, at a specified place, on a specified day and at a specified time or during a specified period, is admissible in evidence in any proceedings and is prima facie evidence of the matters so certified.\n> \n> > (4) In any document, the words “court officer” after a signature are evidence that the person whose signature it purports to be is in fact a court officer.\n> \n> > (5) In this section, court officer means—\n> > \n> > > (a) a Judge, registrar or assistant registrar of the Court of Criminal Appeal, the Supreme Court, the Land and Environment Court, the Industrial Court, the District Court or the Drug Court, or\n> > \n> > > (b) a Judge of the Local Court or a Children’s Judge, or\n> > \n> > > (c) an authorised justice, or\n> > \n> > > (d) a person prescribed by the regulations as a court officer.\n> \n> **s 94:** Am 2016 No 48, Sch 2.3 \\[5\\]; 2023 No 41, Sch 2.3\\[5\\]; 2025 No 61, Sch 2.2\\[3\\].","sortOrder":134},{"sectionNumber":"95","sectionType":"section","heading":"Exercise of functions of bail authority by appropriate officers","content":"#### 95 Exercise of functions of bail authority by appropriate officers\n\n95 Exercise of functions of bail authority by appropriate officers\n\n> > (1) An appropriate officer acting as, or on behalf of, a bail authority may exercise any of the following functions of the bail authority under this Act—\n> > \n> > > (a) giving an accused person a bail acknowledgment or any other notice required to be given by the bail authority,\n> > \n> > > (b) accepting a signed bail acknowledgment from the accused person,\n> > \n> > > (c) accepting a character acknowledgment,\n> > \n> > > (d) entering into a bail security agreement,\n> > \n> > > (e) accepting money or security deposited under a bail condition,\n> > \n> > > (f) accepting any notice that demonstrates compliance with an accommodation requirement,\n> > \n> > > (g) any other functions prescribed by the regulations.\n> \n> > (2) In this section, appropriate officer means—\n> > \n> > > (a) a Judge, registrar or assistant registrar of the Court of Criminal Appeal, the Supreme Court, the Land and Environment Court, the Industrial Court, the District Court or the Drug Court, or\n> > \n> > > (b) a Judge of the Local Court or a Children’s Judge, or\n> > \n> > > (c) an authorised justice, or\n> > \n> > > (d) a police officer with power to grant bail, or\n> > \n> > > (e) an officer of the Department of Attorney General and Justice authorised by the Commissioner of Corrective Services for the purposes of this section, or\n> > \n> > > (f) a person prescribed by the regulations as an appropriate officer.\n> \n> **s 95:** Am 2016 No 48, Sch 2.3 \\[6\\]; 2023 No 41, Sch 2.3\\[6\\]; 2025 No 61, Sch 2.2\\[3\\].","sortOrder":135},{"sectionNumber":"96","sectionType":"section","heading":"Court attendance notices and warrants","content":"#### 96 Court attendance notices and warrants\n\n96 Court attendance notices and warrants\n\n> > (1) The provisions of Chapter 4 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) apply (with any necessary adaptations) in relation to a warrant or court attendance notice issued or to be issued under this Act in the same way as they apply to a warrant or court attendance notice of a corresponding kind issued or to be issued under that Act.\n> \n> > (2) This section is subject to the regulations.","sortOrder":136},{"sectionNumber":"97","sectionType":"section","heading":"Proceedings for offences","content":"#### 97 Proceedings for offences\n\n97 Proceedings for offences\n\n> > (1) Proceedings for an offence under this Act or the regulations, other than an offence for which a maximum penalty on indictment is specified, are to be dealt with summarily before the Local Court.\n> \n> > (2) Chapter 5 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) applies to an offence under this Act for which a maximum penalty on indictment is specified.\n> \n> > (3) This section does not apply to proceedings for an offence under this Act for a fail to appear offence.","sortOrder":137},{"sectionNumber":"98","sectionType":"section","heading":"Regulations","content":"#### 98 Regulations\n\n98 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (1A) In particular, the regulations may make provision for the forms to be used for the purposes of this Act.\n> \n> > (2) The regulations may apply, with modifications, any of the provisions of the [Road Transport (Safety and Traffic Management) Act 1999](/view/html/repealed/current/act-1999-020) or the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) relating to drug or alcohol testing to or in respect of directions specified in enforcement conditions that require a person to undergo drug or alcohol testing.\n> \n> **s 98:** Am 2014 No 5, Sch 1 \\[8\\].","sortOrder":138},{"sectionNumber":"99","sectionType":"section","heading":"Court rules","content":"#### 99 Court rules\n\n99 Court rules\n\n> > (1) Rules (being rules not inconsistent with this Act) may be made under the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052) with respect to the powers, authorities, duties or functions of the Supreme Court and the Court of Criminal Appeal in respect of bail.\n> \n> > (2) Those rules may prescribe forms to be used in connection with those powers, authorities, duties or functions. If such forms are prescribed, they may be used instead of forms prescribed by regulations made under this Act.","sortOrder":139},{"sectionNumber":"100","sectionType":"section","heading":null,"content":"#### 100\n\n100 (Repealed)","sortOrder":140},{"sectionNumber":"101","sectionType":"section","heading":"Review of Act","content":"#### 101 Review of Act\n\n101 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 3 years from the repeal of the [Bail Act 1978](/view/html/repealed/current/act-1978-161).\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 3 years.","sortOrder":142},{"sectionNumber":"102","sectionType":"section","heading":"Review of certain provisions","content":"#### 102 Review of certain provisions\n\n102 Review of certain provisions\n\n> > (1) The Minister must conduct a review of the reviewable provisions to identify if—\n> > \n> > > (a) the policy objectives of the reviewable provisions remain valid, and\n> > \n> > > (b) the terms of the reviewable provisions remain appropriate for achieving the objectives.\n> \n> > (2) The review must be commenced within 6 months after the period of 3 years after the commencement of the reviewable provisions.\n> \n> > (3) A report on the outcome of the review must be tabled in each House of Parliament within 1 year after the last day by which the review must commence.\n> \n> > (4) In this section—\n> > \n> > reviewable provisions means the provisions of this Act amended or inserted by the [Bail and Other Legislation Amendment (Domestic Violence) Act 2024](/view/pdf/asmade/act-2024-30).\n> \n> **s 102:** Ins 2024 No 30, Sch 1\\[10\\].","sortOrder":143},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Application of Act to non-offenders","content":"# Schedule 1 Application of Act to non-offenders\n\nSchedule 1 Application of Act to non-offenders\n\n(Section 8)\n\n**sch 1:** Am 2017 No 53, Sch 4.2 \\[3\\] (am 2018 No 25, Sch 1.6 \\[10\\]) \\[4\\] (am 2018 No 25, Sch 1.6 \\[11\\]).","sortOrder":144},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Forfeiture of security","content":"# Schedule 2 Forfeiture of security\n\nSchedule 2 Forfeiture of security\n\n**sch 2:** Am 2013 No 82, Sch 2.2.","sortOrder":147},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 3 Savings, transitional and other provisions\n\nSchedule 3 Savings, transitional and other provisions\n\n**sch 3:** Am 2014 No 52, Sch 1 \\[21\\]–\\[23\\]; 2024 No 18, Sch 1\\[2\\]; 2024 No 30, Sch 1\\[11\\]; 2025 No 28, Sch 1\\[7\\]; 2025 No 61, Sch 3.1\\[19\\].","sortOrder":171}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":1074},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2013 framework. Major expansions include: (1) the 2014 amendments introducing the 'show cause' requirement for serious offences, reversing the presumption in favour of bail; (2) 2015 amendments adding terrorism-related restrictions; (3) 2022 amendments adding limitations for convicted persons awaiting sentencing; (4) 2024 amendments introducing mandatory electronic monitoring for serious domestic violence offences and special bail restrictions for young offenders; and (5) 2025 amendments removing authorised justices' power to make bail decisions and banning private electronic monitoring. The Act has evolved from a general bail framework to a highly prescriptive system with offence-specific rules, particularly targeting domestic violence, terrorism, and youth crime."},"complexity_factors":["47+ defined terms in the interpretation section (section 4), many cross-referenced to other Acts","Multiple overlapping decision-making frameworks: show cause requirement (Division 1A), unacceptable risk test (Division 2), special rules for certain offences (Division 2A), and right to release offences","Nested exceptions and conditional logic throughout, particularly in sections 16B (show cause offences), 18 (matters to consider), and 21-22B (special limitations)","Extensive cross-referencing to other NSW and Commonwealth legislation (Crimes Act 1900, Firearms Act 1996, Weapons Prohibition Act 1998, Commonwealth Criminal Code, etc.)","Complex procedural requirements with multiple types of applications (release, detention, variation) and different powers for different courts and authorised justices","Detailed transitional provisions in Schedule 3 dealing with multiple amendment Acts and saving provisions from the repealed 1978 Act","Conditional repeal provisions (section 22C expires 1 October 2026; section 22D repeals itself after 2 years)","Electronic monitoring provisions with mandatory requirements and exceptions (section 28B)"],"plain_english_summary":"This is the **Bail Act 2013** (NSW), which sets out the rules for deciding whether someone accused of a crime should be kept in jail or released until their court case.\n\n**What it does:**\n\n- **Establishes who can grant bail**: Police officers (at police stations, hospitals, or mental health facilities) and courts can decide whether to release someone, keep them in custody, or release them with conditions.\n\n- **Creates different types of bail decisions**: Release without bail, dispensing with bail (no bail needed), granting bail with or without conditions, or refusing bail entirely.\n\n- **Sets up a two-step test for serious offences**: For \"show cause offences\" (very serious crimes like murder, serious sexual offences, serious domestic violence, terrorism-related offences, or crimes committed while already on bail), the accused must first **show cause why they shouldn't be kept in jail**. Only if they pass this test does the court apply the \"unacceptable risk\" test.\n\n- **Uses an \"unacceptable risk\" test for all offences**: Courts must assess whether releasing the person poses an unacceptable risk that they will: fail to appear in court, commit another serious offence, endanger victims or the community, or interfere with witnesses or evidence.\n\n- **Lists factors courts must consider**: These include the person's criminal history, the seriousness of the offence, strength of the prosecution case, history of violence, compliance with previous court orders, community ties, and special vulnerabilities (such as being Aboriginal or Torres Strait Islander, young, or having mental health issues).\n\n- **Allows various bail conditions**: Courts can impose conduct requirements (rules about behaviour), security requirements (money or property as a guarantee), character acknowledgments (someone vouching for the accused), accommodation requirements (especially for children), accompaniment requirements, and enforcement conditions (like drug or alcohol testing).\n\n- **Requires electronic monitoring for serious domestic violence offences**: Since 2024, people granted bail for serious domestic violence offences against intimate partners must be subject to electronic monitoring (conducted by Corrective Services), unless there are sufficient reasons in the interests of justice not to impose this.\n\n- **Contains special rules for certain situations**: There are restrictions on bail for terrorism-related offences, offences where someone is appealing a conviction or sentence, and for young people (14-17 years old) charged with serious break-and-enter or motor theft offences while already on bail for similar offences.\n\n- **Provides for review and enforcement**: Police can review their own bail decisions; courts can hear applications to vary bail conditions; and there are procedures for revoking bail if someone breaches their conditions or fails to appear.\n\n- **Protects victims of domestic violence**: The Act specifically requires courts to consider domestic violence offences seriously, includes the views of victims when relevant, and restricts publication of information about association conditions that might identify victims.\n\n**Who it affects:**\n\nAnyone accused of an offence in NSW, police officers making bail decisions, courts at all levels, victims of crime (particularly domestic violence victims), and people who agree to act as bail guarantors (providing money or security for someone else's bail)."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act as reproduced includes multiple post‑enactment additions and targeted limitations that extend and narrow the original operational scope: insertion of a show‑cause requirement for defined serious offences (ss 16A–16B); special limitations on courts in appeal/conviction/post‑conviction periods (ss 22, 22B); targeted temporary limitations for young persons (s 22C); a public‑sector concentration of electronic monitoring (s 28B) together with a prohibition on private electronic monitoring except under a narrow power (s 30A) and transitional rules for existing private arrangements (Schedule 3 Part 6 cl 18); expanded procedural reviews and data reviews (s 22D; s 102). These amendments change who may be released, add mandatory or default conditions in certain categories, restrict private market roles (electronic monitoring and indemnities), and add review and reporting obligations that were not part of the original baseline (see ss cited)."},"complexity_factors":["Multiple overlapping decision tests and exceptions (show‑cause for some offences, unacceptable risk test for others, special limitations for appeals/terrorism/conviction-to-sentencing periods) (ss 16A–16B; ss 19; 22–22B; 22A).","Detailed, prescriptive list of matters to be considered in assessments that cross criminal history, vulnerability, victim views, and terrorism associations (s 18).","Layered allocation of powers across police, courts at several levels, authorised justices and senior police reviewers, with jurisdictional limits and exceptions (ss 43; 48–69; s 70A; s 47).","Wide range of bail conditions and technical distinctions (conduct vs security vs enforcement vs pre‑release vs character vs accommodation/accompaniment) with different tests and procedural steps (ss 20A; 25–30; s 29).","Integration with forfeiture and enforcement regimes, including separate Schedule 2 with its own notice, objection and review processes and interactions with fines enforcement (Schedule 2).","Significant cross‑referencing to other Acts and multiple amendment inserts, transitional provisions and time limits (numerous amendment notes, Sch 3 parts, s 22D review obligation).","Specific rules governing admissibility, evidentiary certificates and burden standards for different parts of the process (ss 31; 32; 93–94).","Targeted policy changes that affect external markets (ban on private electronic monitoring, transition period, centralisation to Commissioner) and criminalise particular financial arrangements (ss 28B; 30A; Sch 3 Pt 6 cl 18; s 86)."],"plain_english_summary":"What this law does (mechanics)\n\n- The Bail Act 2013 sets out the legal process for whether someone accused of an offence (or in a small number of non-offender proceedings) is detained or released, and on what conditions (s 3; s 8; Schedule 1).  It defines who can make bail decisions (police officers, courts; ss 9–11, 43) and the outcomes available: release without bail, dispense with bail, grant bail (with or without conditions) or refuse bail (s 8).\n\n- It creates two core decision processes: 1) a show-cause step for particular serious offences (the accused must show cause why detention is not justified) (ss 16A–16B), and 2) an \"unacceptable risk\" test that applies more broadly (the bail authority must refuse bail if release would present an unacceptable risk to appearance, to committing a serious offence, to safety, or to interfering with witnesses/evidence) (ss 17–19).  If no unacceptable risk is found the authority must release (s 20).\n\n- The Act lists precisely what matters a bail authority must consider when assessing risk (background, criminal history, strength of prosecution case, likely sentence, vulnerability, capacity to prepare for trial, victim views where relevant, possible terrorist associations, etc.) (s 18).  It also sets the legal standard for decision‑making (on the balance of probabilities for matters to be decided by the bail authority) (s 32).\n\n- If bail is granted it must be evidenced by a written bail acknowledgment containing the appearance requirements and conditions; the accused must sign and give that acknowledgment before being released (s 33; s 14).  Pre-release requirements are limited to a short list (passport surrender, security, character statements, accommodation or accompaniment requirements) (s 29).\n\n- The Act authorises a range of bail conditions (conduct requirements, security requirements, character acknowledgments, accommodation and accompaniment requirements) and sets tests for when conditions may be imposed (reasonably necessary, reasonable and proportionate, practicable to comply, etc.) (ss 20A, 25–29).  Security requirements (money or property) are permitted only to address failure to appear and are regulated (s 26; Part 9; Schedule 2).\n\n- The Act provides enforcement powers (police powers to warn, issue notices, arrest, or seek warrants for breaches — s 77), court powers to vary or revoke bail (Parts 4–6), and a statutory process for forfeiture of bail money and review or set‑aside of forfeiture (Schedule 2).\n\n- It contains procedural and administrative rules: evidence rules for bail proceedings (broad admissibility; s 31), recording reasons for decisions (s 38), review channels (senior police review, court review, variation and detention applications; ss 47, 48–51), and time limits for adjournments and notices (ss 41, 42, 44).\n\n- It creates special restrictions and new obligations in multiple areas introduced by amendments: limits on courts granting bail where appeals are pending (s 22); special limitations for terrorism‑related offences (s 22A); temporary and other targeted limits (e.g. young persons for certain serious offences, s 22C); and requirements or prohibitions about electronic monitoring (s 28B; s 30A and Schedule 3 Pt 6 cl 18 which sets a transition for private electronic monitoring and treats removal of private monitoring as a change in circumstances under s 74).\n\n- The Act restricts publication of the identity of \"prohibited associates\" named in association bail conditions (s 89).  It also sets obligations and offences for bail guarantors (e.g. must not dispose of bail security, s 84; indemnifying a guarantor is an offence, s 86) and makes the Crown a party in forfeiture proceedings (Schedule 2 cl 19).\n\nStated purpose and observable trade-offs\n\n- The Act states its purpose is to provide a legislative framework for deciding whether accused persons should be detained or released (s 3).  Mechanically, it does that by allocating decision‑making authority to police and courts, prescribing the legal tests to be applied (show cause and unacceptable risk), and listing the matters to be considered (ss 16A–19; s 18).\n\n- Testing the stated aim against practical trade‑offs in the text: the Act concentrates decision power in public authorities (police, courts) and prescribes criteria to limit arbitrariness, but also leaves significant discretion about whether specific bail conditions are necessary and practicable (s 20A).  That discretion means administrative officers must balance public‑safety concerns against burdens on individuals (ss 17–19; s 20A).  The Act requires written reasons where bail is refused or conditions are imposed (s 38), which supports transparency but creates a record‑keeping obligation for authorities.\n\nWho pays, who decides, and what behaviour changes (concrete)\n\n- Who decides: police officers (senior sergeants or officers in charge) may make bail decisions at stations, hospitals or certain facilities (s 43; s 43(1A)–(1B)); courts at different levels hear release, detention and variation applications with defined jurisdictional limits (Parts 5–6).  Authorised justices have limited roles and are expressly prevented from making bail decisions in some contexts (s 70A).\n\n- Who pays: private persons who act as bail guarantors provide bail money or security under bail security agreements (s 26; Part 9).  If a person fails to appear, agreed bail money may be forfeited to the Crown and security enforced (Schedule 2).  The Crown (via Commissioner of Fines Administration) is the recipient and enforcer of unpaid forfeiture (Schedule 2 cls 12–13).  There is an offence forbidding indemnifying a bail guarantor (s 86), which limits private risk‑sharing arrangements.\n\n- Behavioural effects for affected private actors:\n  - Accused persons: must sign and comply with bail acknowledgments; face a statutory fail‑to‑appear offence with specified penalties (s 33; ss 79–80).  Pre‑release requirements create practical hurdles (s 14; s 29).\n  - Bail guarantors: may be required to deposit or forfeit money; face criminal penalties for misuse of security (ss 82–85; s 84) and limited ability to be indemnified (s 86).  They have limited redress to apply to be discharged of liability (s 83).\n  - Private electronic monitoring providers: the Act requires electronic monitoring imposed under a specific power to be conducted by the Commissioner of Corrective Services (s 28B(2)(a)–(b)) and prohibits bail conditions requiring electronic monitoring except where authorised by s 28B (s 30A).  Schedule 3 (Part 6 cl 18) creates a short transition for existing private monitoring arrangements and treats failure to secure continued private monitoring as a change in circumstances (s 74).  Practically, that withdraws a market for private EM in the bail context and concentrates that function in a public agency.\n  - Media and the public: publication constraints on naming prohibited associates are a statutory restriction with a small monetary penalty (s 89).\n\nCompliance burdens and bureaucratic discretion\n\n- Compliance burdens on accused persons include signing bail acknowledgments, meeting pre‑release requirements (passport surrender, depositing security, securing accommodation or accompaniment), and adhering to potentially onerous conditions if imposed; failure may lead to arrest, warranting and forfeiture (ss 14, 29, 33, 77, Schedule 2).  Bail guarantors face paperwork, possible forfeiture and criminal limits on indemnities (ss 36, 82–86).\n\n- Administrative discretion is material: bail authorities decide what is \"acceptable\" security or acceptable persons for character acknowledgments (s 26; s 27).  Police have discretion in enforcement (s 77) and senior police may review police bail decisions (s 47).  Courts have broad discretion to impose enforcement conditions following specified procedural safeguards (s 30).  The Act limits some low‑level decision‑making (authorised justices cannot impose enforcement conditions; s 58) but otherwise leaves balancing judgments to officials.\n\nCosts, incentives and trade‑offs flagged by the text\n\n- Concentrated benefits and diffuse costs: shifting electronic monitoring to the Commissioner centralises the provision and cost of monitoring (s 28B; s 30A; Sch 3 Pt 6 cl 18).  That concentrates any operational funding and contracting on a public agency; costs fall on government budgets, while accused persons and private EM firms face reduced private choices.\n\n- Incentives for compliance: monetary security and character acknowledgments create private incentives to ensure appearance; forfeiture and criminal sanctions (s 79; Schedule 2) reinforce that.  At the same time, prohibition of indemnities (s 86) reduces private risk‑sharing options that might otherwise expand guarantor willingness.\n\n- Implementation risks: mandatory or default requirements for electronic monitoring to be conducted by the Commissioner (s 28B) assume sufficient public resources and logistics; the Act recognises transition and review obligations in several places (Sch 3 Pt 6 cl 18; s 22D; s 102), signalling risk of administrative strain or need for data assessment.\n\n- Effects on speech and information flow: section 89 criminalises publication identifying a person as a prohibited associate (limited exceptions listed), which imposes a content restriction on distributors and the media (s 89).\n\nKey procedural protections and transparency measures\n\n- The Act requires reasons to be recorded when bail is refused or conditions imposed (s 38).  It also prescribes written notices to accused persons and to guarantors concerning conditions, security agreements and the consequences of non‑compliance (ss 33–37; Schedule 2 clauses on notices).\n\n- Decision standard: factual matters for bail decisions are to be decided on the balance of probabilities by bail authorities (s 32), while the show‑cause requirement shifts the initial legal burden in respect of certain serious offences (s 16A).\n\nWhy it matters (summary statement)\n\n- The Act operationalises who may be released and under what conditions, allocates decision‑making authority between police and courts, prescribes risk assessments and conditions, and sets enforcement and forfeiture processes.  It alters the balance of public and private roles in supervising accused persons (notably by centralising electronic monitoring with the Commissioner), imposes specific compliance costs on accused persons and guarantors, and creates procedural safeguards and record‑keeping requirements for authorities.  These are the concrete mechanisms by which the law changes behaviour and allocates costs and responsibilities (see ss 3; 16A–19; 20A; 26; 28B; 30A; ss 33, 38; Schedule 2)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Bail Act 2013 was originally conceived as a simplification of bail law in NSW, moving away from the complex presumption-based system in the Bail Act 1978 toward a cleaner, risk-focused framework. However, through successive amendments — particularly following high-profile crimes committed by people on bail — the Act has grown substantially. It now includes expanded 'show cause' categories covering a wide range of serious and terrorism-related offences, strengthened victim safety considerations, and tighter restrictions on repeat bail applications. These amendments have re-introduced much of the categorical rigidity the 2013 Act originally sought to remove, meaningfully expanding the Act's scope and complexity beyond its original reform intent."},"complexity_factors":["Tiered decision-making framework with different rules applying depending on offence category (e.g. show cause offences vs general bail concerns)","Multiple nested bail concern factors that must each be individually weighed against each other","Extensive defined terms section covering concepts like 'bail concern', 'show cause offence', 'unacceptable risk', and 'surety'","Conditional logic: different tests apply to police bail, court bail, and detention hearings","Interaction with numerous other Acts, including the Children (Criminal Proceedings) Act, Crimes Act, and various terrorism and serious offence legislation","Provisions for bail conditions, enforcement of conditions, and consequences of breach create layered obligations","Significant amendment history has introduced numerous exceptions, special categories, and carve-outs that overlay the original framework","Victim rights provisions add procedural obligations running parallel to the main bail assessment process"],"plain_english_summary":"The text provided appears to be a website navigation shell for the NSW legislation website, referencing the **Bail Act 2013 (NSW)**, but contains **no actual legislative content** — only menus, headers, footers, and the Act's title.\n\nHowever, based on well-established knowledge of the **Bail Act 2013 (NSW)**, here is what the Act does:\n\n---\n\n**What is it?**\n\nThe Bail Act 2013 (NSW) is the main law in New South Wales that governs when a person accused of a crime can be released from custody while they wait for their case to be decided in court. This release is called **\"bail\"** — essentially, a formal permission to go free temporarily, sometimes with conditions attached.\n\n---\n\n**Who does it affect?**\n\n- **Anyone arrested or charged** with a criminal offence in NSW\n- **Police officers**, who make initial bail decisions at the station\n- **Courts** (magistrates, judges), who make bail decisions when a person is brought before them\n- **Victims of crime**, who have a right to have their safety considered\n- **Children and young people**, who are dealt with under related youth justice laws\n\n---\n\n**What does it do?**\n\n- **Establishes a \"show cause\" requirement** for serious offences — meaning for certain serious crimes (like murder or terrorism), the accused person must actively demonstrate why their detention would be unjustified, rather than the prosecution having to argue for it\n- **Sets out a \"bail concern\" test** — decision-makers must assess whether there is an unacceptable risk that the person will: fail to turn up to court; commit a serious offence; endanger the safety of victims or the community; or interfere with witnesses or evidence\n- **Lists the factors** that must be weighed when assessing bail, including the seriousness of the offence, the person's criminal history, their ties to the community, and the likelihood they'll actually be convicted\n- **Allows bail conditions** to be imposed — such as reporting to police, surrendering a passport, living at a specific address, or having a surety (someone who pledges money as a guarantee)\n- **Gives police** the power to grant or refuse bail at the station before a court appearance\n- **Provides for bail to be reviewed** — by courts, by the prosecution, or by the accused — if circumstances change\n- **Protects victims** by requiring decision-makers to consider the safety of alleged victims when granting bail\n\n---\n\n**Why does it matter?**\n\nBail law sits at the heart of a fundamental tension in a free society: the presumption of innocence (meaning you haven't been convicted of anything yet) versus the need to protect the community and ensure accused people actually show up to court. This Act replaced older, more rigid bail laws and introduced a more flexible, risk-based framework — though it has been amended significantly over the years to tighten bail in response to specific high-profile incidents."}},"importantCases":[],"_links":{"self":"/api/acts/bail-act-2013","history":"/api/acts/bail-act-2013/history","analysis":"/api/acts/bail-act-2013/analysis","conflicts":"/api/acts/bail-act-2013/conflicts","importantCases":"/api/acts/bail-act-2013/important-cases","documents":"/api/acts/bail-act-2013/documents"}}