{"id":"sl-1992-30","name":"Bail Regulation 1992","slug":"bail-regulation-1992","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"30 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173253,"registerId":"act-sl-1992-30-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Bail Regulation 1992","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nBail Regulation 1992\nSL1992-30\nmade under the\nBail Act 1992\nRepublication No 5\nEffective: 9 April 2021\nRepublication date: 9 April 2021\nLast amendment made by A2021-6\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Bail Regulation 1992, made under the Bail Act 1992 (including any\namendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n9 April 2021. It also includes any commencement, amendment, repeal or expiry affecting this\nrepublished law to 9 April 2021.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR5\n09/04/21\nBail Regulation 1992\nEffective: 09/04/21\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nBail Regulation 1992\nmade under the\nBail Act 1992\nContents\nPage\n1 Name of regulation 2\n4 Service of notice—Act, section 34 (5) (b) (i) 2\n5 Request for review under Act, div 6.1 2\n6 Limitations on applications for review of bail decisions 3\nEndnotes\n1 About the endnotes 4\n2 Abbreviation key 4\n3 Legislation history 5\n4 Amendment history 6\n5 Earlier republications 7\n\n\n\nR5\n09/04/21\nBail Regulation 1992\nEffective: 09/04/21\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nBail Regulation 1992\nmade under the\nBail Act 1992\n\nSection 1\npage 2 Bail Regulation 1992\nEffective: 09/04/21\nR5\n09/04/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Bail Regulation 1992.\n4 Service of notice—Act, section 34 (5) (b) (i)\n(1) A notice must be given to the accused person.\n(2) A notice may be given—\n(a) by giving it to the accused person personally; or\n(b) by sending it by registered post, addressed to the accused person,\nto a home or business address of the person; or\n(c) by emailing it to an email address of the accused person; or\n(d) by leaving it, addressed to the accused person, at a home or\nbusiness address of the person with someone who appears to be\nat least 16 years old and to live or be employed at the address.\n(3) For subsection (2), a home or business address or email address for\nan accused person may be given to the court by—\n(a) the accused person; or\n(b) a lawyer who represents, or has represented, the accused person\nin the proceeding.\n5 Request for review under Act, div 6.1\nA request under the Act, section 38 for the review of a decision\nrelating to bail for an accused person may be made—\n(a) by the accused person or a representative of the accused person;\nand\n(b) either orally or in writing.\n\nSection 6\nR5\n09/04/21\nBail Regulation 1992\nEffective: 09/04/21\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Limitations on applications for review of bail decisions\n(1) An accused person may not make more than 1 application under the\nAct, section 38 for the review of a decision relating to bail on the\nsame grounds.\n(2) An accused person may not apply under the Act, section 38 for the\nreview of a decision relating to bail if the conducting of the review\nwould prevent the accused person from attending court as required in\nrelation to an offence with which he or she has been charged.\n\nEndnotes\n1 About the endnotes\npage 4 Bail Regulation 1992\nEffective: 09/04/21\nR5\n09/04/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR5\n09/04/21\nBail Regulation 1992\nEffective: 09/04/21\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was originally the Bail Regulations. It was renamed under the\nLegislation Act 2001.\nFrom 11 May 1989 to 12 September 2001, regulations commenced on their\nnotification day unless otherwise stated (see Subordinate Laws Act 1989 s 6).\nBail Regulation 1992 SL1992-30\nnotified 27 November 1992 (Gaz 1992 No S217)\ncommenced 27 November 1992\nas amended by\nBail Regulations (Amendment) SL1994-43\nnotified 20 December 1994 (Gaz 1994 No S300)\ns 1, s 2 commenced 20 December 1994 (s 1 (1))\nremainder commenced 1 May 1995 (s 1 (2))\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 31\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 31 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)\nBail Amendment Regulation 2021 (No 1) SL2021-4\nnotified LR 1 April 2021\ns 1, s 2 commenced 1 April 2021 (LA s 75 (1))\nremainder commenced 2 April 2021 (s 2)\nCrimes Legislation Amendment Act 2021 A2021-6 pt 3\nnotified 8 April 2021\ns 1, s 2 commenced 8 April 2021 (LA s 75 (1))\npt 3 commenced 9 April 2021 (s 2)\n\nEndnotes\n4 Amendment history\npage 6 Bail Regulation 1992\nEffective: 09/04/21\nR5\n09/04/21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of regulation\ns 1 am R2 LA; R3 LA\nInterpretation\ns 2 om A2001-44 amdt 1.324\nAcknowledgment under paragraph 25 (1) (b)\ns 3 om SL1994-43 s 3\nService of notice—Act, section 34 (5) (b) (i)\ns 4 hdg sub A2021-6 s 5\ns 4 sub SL2021-4 s 4\nNotice that bail condition not satisfied\ns 7 om SL1994-43 s 3\nForm of notice under subsection 48 (2) of the Act\nsch om SL1994-43 s 3\n\nEndnotes\nEarlier republications 5\nR5\n09/04/21\nBail Regulation 1992\nEffective: 09/04/21\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Except for the footer, electronic and\nprinted versions of an authorised republication are identical.\nRepublication No Amendments to Republication date\n1 SL1994-43 29 February 1996\n2 A2001-44 12 December 2001\n3 A2001-44 2 November 2004\n4 SL2021-4 2 April 2021\n© Australian Capital Territory 2021","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The regulation has shrunk significantly from its original scope. The amendment history shows that section 2 (Interpretation), section 3 (Acknowledgment under paragraph 25(1)(b)), section 7 (Notice that bail condition not satisfied), and the Schedule (Form of notice) have all been repealed/omitted over time. What began as a more comprehensive regulation with definitions, forms, and multiple procedural mechanisms has been stripped back to just three operational sections dealing with service of notices and review procedures. The current version is essentially a skeletal procedural framework, suggesting the original intent was broader but has been consolidated or moved to the parent Act or other instruments."},"complexity_factors":["Only 3 operative sections (sections 4, 5 and 6) with straightforward procedural rules","No defined terms in the body of the regulation (interpretation section was repealed)","Minimal cross-referencing - only references to specific sections of the parent Bail Act 1992","Simple conditional logic (if/then structures) without nesting","Short document - approximately 2 pages of substantive content","Clear, prescriptive language ('must', 'may') without exceptions to exceptions"],"plain_english_summary":"This regulation sets practical procedures for bail in ACT courts, specifying acceptable ways courts can notify accused people of bail conditions (personal service, registered post, email, or leaving notice with an adult at home or work) and allowing accused persons or their lawyers to provide contact details.\n\nIt also outlines how to request a bail review (oral or written) and limits reviews by barring repeat challenges on the same grounds and reviews that would cause a missed required court appearance."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains narrowly procedural and consistent with the Bail Act’s original purpose: it sets methods for serving notices and procedural limits on bail-review requests. Amendments (up to 2021) have modernised service methods (explicitly permitting email) and clarified procedural limits on reviews, but these are refinements to implementation rather than an expansion of the regulation’s substantive scope."},"complexity_factors":["Short instrument: 3 substantive operative provisions (regs 4–6) plus name section","Limited number of defined terms within the regulation itself (relies on definitions in the Bail Act)","Small number of cross-references to the parent Act: Bail Act s 34(5)(b)(i) and s 38","Simple conditional logic: alternative methods of service (reg 4(2)) and two straightforward prohibitions in reg 6","Minor evidentiary/interpretive ambiguity only (e.g. what counts as 'same grounds' under reg 6(1), and proof of email/leave-with-person service)"],"plain_english_summary":"**What this regulation does (mechanically)\n\n- Names the instrument the Bail Regulation 1992 (regulation made under the Bail Act 1992).\n- Sets how written notice required by the Bail Act (see Act, s 34(5)(b)(i)) must be given to an accused person (reg 4):\n  - It must be addressed to and given to the accused person (reg 4(1)).\n  - Permitted methods are: personal delivery; registered post to a home or business address; email to the accused person's email address; or leaving the notice addressed to the accused person at a home or business address with someone who appears to be at least 16 years old and to live or work at the address (reg 4(2)).\n  - A home/business address or email may be provided to the court by the accused person or by a lawyer who represents or has represented the accused in the proceeding (reg 4(3)).\n- Specifies who may request a review of a bail decision under the Bail Act, section 38, and how (reg 5): the accused or their representative may make the request, and it may be made orally or in writing.\n- Limits repeat applications for review (reg 6):\n  - An accused person cannot make more than one application under section 38 for the review of the same bail decision on the same grounds (reg 6(1)).\n  - An accused person cannot seek a review under section 38 if conducting the review would prevent them from attending court as required for an offence they are charged with (reg 6(2)).\n\nWho is directly affected\n\n- Accused persons in the ACT criminal justice system (those subject to bail decisions).\n- Defence lawyers and other representatives (because they may provide contact details and may make review requests on behalf of clients).\n- Court officers and prosecution staff who serve notices and process review requests.\n\nWhy it matters (practical effect)\n\n- Establishes practical, modernised modes of service: email is an accepted method (reg 4(2)(c)), and registered post and leaving notices with a likely adult at an address remain options (reg 4(2)(b), (d)). That changes the mechanics of how accused persons receive official bail-related notices.\n- Clarifies who can trigger a bail-review (accused or representative) and that reviews can be sought orally as well as in writing (reg 5). That lowers procedural barriers where immediate oral requests are necessary.\n- Restricts repeat reviews on the same grounds and prevents reviews that would interfere with required court attendance (reg 6). Those limits conserve court time and seek to avoid forum-shopping or procedural delay.\n\nOfficial purpose-claims and an implementation-focused test\n\n- The regulation’s stated or implicit purpose is to make service of bail-related notices clear and practicable, and to control the volume and timing of bail-review applications (see regs 4–6).\n\nTesting that purpose against costs, incentives and trade-offs:\n\n- Who pays (direct cost):\n  - Administrative and court resources bear the cost of implementing email service and processing review requests; modernisation may reduce postage/time costs but shifts reliance onto accurate digital contact details (reg 4(2)(c), 4(3)).\n- Who decides and what discretion exists:\n  - The regulation gives the court (or its officers) a defined list of acceptable service methods but does not create open-ended discretion on alternative methods (reg 4). The court still relies on parties to provide correct addresses (reg 4(3)).\n- Behavioural incentives and compliance burden:\n  - Accepting email and oral requests lowers barriers for accused persons and their representatives to receive notices and seek reviews (reg 4(2)(c); reg 5).\n  - The one-application-per-ground rule (reg 6(1)) incentivises applicants to consolidate arguments and be selective about grounds; it raises the cost of repeated re-litigation on identical grounds.\n  - The bar on reviews that would prevent required court attendance (reg 6(2)) creates a time-priority incentive: accused persons must weigh seeking a review against appearing in court, reducing potential delay tactics but possibly constraining access to review where scheduling conflicts exist.\n- Risks and trade-offs:\n  - Reliance on email assumes an accused person has and checks an address provided to the court; mistakes or non-delivery may create disputes about effective service (reg 4(3)).\n  - Allowing service by leaving a notice with someone appearing to be 16 or older (reg 4(2)(d)) is practical in many cases but creates a low evidentiary threshold and a small risk of misdelivery.\n  - The limits on repeat reviews reduce administrative burden but could foreclose late-emerging arguments unless those are framed as new grounds.\n\nConcrete mechanisms to watch in practice\n\n- Accuracy and verification of contact details provided to the court (reg 4(3)) and how the court records and proves email/registered-post service.\n- How 'same grounds' is interpreted in practice under reg 6(1) (does minor variation count as a new ground?).\n- How courts treat a situation where a review would conflict with required attendance under reg 6(2): whether brief adjournments or remote appearances change the outcome.\n\nPrimary provisions cited: regulation 4 (service of notice), regulation 5 (request for review), regulation 6 (limitations on review applications)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/bail-regulation-1992","history":"/api/acts/bail-regulation-1992/history","analysis":"/api/acts/bail-regulation-1992/analysis","conflicts":"/api/acts/bail-regulation-1992/conflicts","importantCases":"/api/acts/bail-regulation-1992/important-cases","documents":"/api/acts/bail-regulation-1992/documents"}}