{"id":"bail-regulations-2015","name":"Bail Regulations 2015","slug":"bail-regulations-2015","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235249,"registerId":"sa-bail-regulations-2015-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Bail Regulations 2015","content":"South Australia\nBail Regulations 2015\nunder the Bail Act 1985\n\nContents\n1\tShort title\n3\tInterpretation\n3A\tDefinition of terrorist offence\n4\tForms\n5\tDealing with surrendered items\n6\tSection 13 statement\nSchedule 1—Forms\nSchedule 2—Section 13 statement\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Bail Regulations 2015.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Bail Act 1985.\n\t(2)\tIn these regulations, a reference to a form of a particular number is a reference to the form of that number set out in Schedule 1.\n3A—Definition of terrorist offence\n\t(1)\tFor the purposes of paragraph (e) of the definition of terrorist offence in section 3(1) of the Act, the following kinds of offences against the laws of South Australia are prescribed:\n\t(a)\tan offence against section 83CA of the Criminal Law Consolidation Act 1935;\n\t(b)\tany offence against Part 3D of the Criminal Law Consolidation Act 1935;\n\t(c)\tan offence against section 37 of the Summary Offences Act 1953.\n\t(2)\tFor the purposes of paragraph (e) of the definition of terrorist offence in section 3(1) of the Act, the following kinds of offences against the laws of other States and Territories of the Commonwealth are prescribed:\n\t(a)\tan offence against section 310J of the Crimes Act 1900 of New South Wales;\n\t(b)\tthe following offences against Schedule 1 of the Criminal Code Act 1983 of the Northern Territory:\n\t(i)\tan offence against section 51 where the unlawful organisation to which the offence relates is a terrorist organisation;\n\t(ii)\tan offence against section 53 where the unlawful organisation to which the offence relates is a terrorist organisation;\n\t(iii)\tan offence against section 54;\n\t(iv)\tan offence against section 55;\n\t(c)\tan offence against section 4B of the Terrorism (Community Protection) Act 2003 of Victoria.\n\t(3)\tIn this regulation—\nterrorist organisation means an organisation referred to in paragraph (b) of the definition of terrorist organisation in Division 102 of the Commonwealth Criminal Code.\n4—Forms\n\t(1)\tIf the bail authority is a court, the form prescribed for the purposes of a particular provision of the Act (other than section 6(2), 7(2) or 8(1)) is the relevant form set out in the Joint Criminal Rules 2022.\nEditorial note—\nSections 6(2), 7(2) and 8(1) of the Act provide that if the bail authority is a court the relevant forms will be forms determined by that court.\n\t(2)\tIf the bail authority is not a court, the form prescribed for the purposes of a particular provision of the Act is the relevant form set out in Schedule 1.\n\t(3)\tA form set out in Schedule 1 must contain the information required by, and be completed in accordance with, the instructions contained in the form.\n5—Dealing with surrendered items\n\t(1)\tFor the purposes of section 11A(4) of the Act, the Commissioner of Police must deal with a surrendered item in accordance with this regulation.\n\t(2)\tA surrendered item that is a prohibited weapon (within the meaning of Part 3A of the Summary Offences Act 1953), or that is an item that cannot otherwise be lawfully possessed in this State, is, by force of this subregulation, forfeited to the Crown.\n\t(3)\tThe Commissioner of Police must retain a surrendered item (other than a surrendered item forfeited under subregulation (2)) in a location determined by the Commissioner of Police until—\n\t(a)\tthe surrendered item is forfeited to the Crown under the Act or any other Act; or\n\t(b)\tthe surrendered item is returned in accordance with this regulation to the person who surrendered it; or\n\t(c)\tthe surrendered item is seized or surrendered under the provisions of another Act,\nwhichever occurs first.\n\t(4)\tIf the condition imposed under section 11(1)(a) of the Act on the grant of bail of the person who surrendered the surrendered item is revoked, or the grant of bail is terminated, the person may notify the Commissioner of Police of that fact.\n\t(5)\tSubject to this regulation, if the Commissioner of Police—\n\t(a)\tis notified pursuant to subregulation (4); or\n\t(b)\totherwise becomes aware that the grant of bail of the person is no longer subject to the condition imposed under section 11(1)(a) of the Act, or the grant of bail is terminated,\nthe Commissioner of Police must cause the surrendered item to be returned to the person who surrendered the item.\n\t(6)\tIf the Commissioner of Police is required to return a surrendered item under subregulation (5), the Commissioner of Police must give notice in writing to the person who surrendered the item setting out—\n\t(a)\tthat the surrendered items specified in the notice are to be returned to the person; and\n\t(b)\tthe location at which the surrendered items may be collected; and\n\t(c)\tthat the surrendered items must be collected from the specified location within 3 months of the date specified in the notice (or such longer time as may be specified by the Commissioner of Police); and\n\t(d)\tthat the surrendered items will only be returned if the person holds any necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item; and\n\t(e)\tthe effect of subregulations (7) and (8).\n\t(7)\tHowever, the Commissioner of Police may refuse to return a surrendered item to a person if—\n\t(a)\tthe person is on conditional release that is subject to a condition prohibiting the person from possessing a firearm, ammunition or part of a firearm; or\n\t(b)\tthe person does not hold any necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item, or is otherwise prohibited from possessing the surrendered item,\nand, if the Commissioner of Police does so refuse, he or she must give notice in writing to the person who surrendered the surrendered item setting out—\n\t(c)\tthe reasons for the refusal; and\n\t(d)\tin the case of a refusal contemplated by subregulation (7)(a)—the effect of subregulation (9).\n\t(8)\tIf—\n\t(a)\ta surrendered item is not collected within the period specified in subregulation (6)(c); or\n\t(b)\tthe person does not, at the end of the period specified in subregulation (6)(c), hold the necessary authorisation under the Firearms Act 1977 or any other Act to possess the surrendered item, or is otherwise prohibited from possessing the surrendered item,\nthe surrendered item is, by force of this subregulation, forfeited to the Crown.\n\t(9)\tIf the Commissioner of Police refuses to return a surrendered item to a person pursuant to subregulation (7)(a)—\n\t(a)\tthe surrendered item will be taken to have been surrendered pursuant to a direction under the provision of the Act under which the conditional release was granted (corresponding to section 11A(1) of the Act); and\n\t(b)\tthe surrendered item must be dealt with in accordance with that Act.\n\t(10)\tThe Commissioner of Police may recover from the person who surrendered the surrendered item the reasonable costs incurred in connection with the storage of the surrendered item.\n\t(11)\tThis regulation is in addition to, and does not derogate from, the operation of any other Act or law.\n\t(12)\tNo compensation is payable by the Crown in respect of the forfeiture of a surrendered item under this regulation.\n\t(13)\tA notice required to be given to a person under this regulation may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person—\n\t(i)\tat the person's last known address; or\n\t(ii)\tat the person's address for service; or\n\t(c)\tbe left for the person at the person's last known address or address for service with someone apparently over the age of 16 years; or\n\t(d)\tbe given by means of email, text message or other electronic form of communication.\n\t(14)\tIn this regulation—\nconditional release means—\n\t(a)\trelease on bail under the Act; or\n\t(b)\ta bond under the Criminal Law (Sentencing) Act 1988 or the Criminal Law Consolidation Act 1935; or\n\t(c)\trelease from prison on home detention or parole, under the Correctional Services Act 1982; or\n\t(d)\trelease on licence under the Criminal Law (Sentencing) Act 1988 or the Criminal Law Consolidation Act 1935; or\n\t(e)\trelease on licence, or conditional release from detention, under the Young Offenders Act 1993;\nsurrendered item means a firearm, ammunition or any part of a firearm surrendered pursuant to a direction under section 11A(1) of the Act.\n6—Section 13 statement\n\t(1)\tFor the purposes of section 13(1)(b)(i) of the Act, a written statement explaining how, and to what authorities, an application for release on bail may be made under the Act must be in the form set out in Schedule 2.\n\t(2)\tIf it appears that the native language of an applicant for bail is a language other than English, the written statement may be in the form of a translation into that other language of that form.\nSchedule 1—Forms\n\nForm 1\nApplication for release on bail\nForm 2\nWritten record of reasons for refusal of bail application\nForm 3\nGrant of bail\nForm 4\nBail agreement\nForm 5\nGuarantee of bail\nForm 7\nApplication to vary conditions of bail agreement\nApplication to revoke bail agreement\nForm 8\nApplication to vary terms of guarantee of bail\nApplication to revoke guarantee of bail\nForm 9\nNotice of withdrawal of application for review of decision of bail authority\nForm 10\nWritten record of reasons—section 11(1c)\nForm 11\nWritten record of reasons—section 11(2ad)\nForm 12\nDirection to surrender firearms and ammunition\nForm 1—Application for release on bail\nBail Act 1985\n(section 8(1))\nApplication for release on bail\nI, [Insert full name] (the applicant) apply for bail.\nDate of birth of applicant:\nSignature of applicant:\nDate of application:\nTime of application:\nDecision of bail authority\nTick appropriate box\n☐ Bail refused (The bail authority must make a written record of the reasons for its decision)\n☐ Bail granted (Form 4 Bail Agreement must be completed)\nBail Authority:\n\t•\tIf the bail authority is a police officer—the police officer's surname, rank and police identification number:\n\t•\tIf the bail authority is not a police officer—the full name of the bail authority:\nBail authority's signature:\nDate:\nTime:\nForm 2—Written record of reasons for refusal of bail application\nBail Act 1985\n(section 12)\nBail applicant (insert full name):\n\t1\tIn refusing bail, the following offences were taken into consideration:\n\t2\tIt is likely that the applicant would abscond if released on bail for the following reasons (provide relevant details):\n\t(a)\thistory of prior breaches of bail:\n\t(b)\tlack of fixed address:\n\t(c)\tlack of social or other ties:\n\t(d)\tany other reason:\n\t3\tIt is likely that the applicant would offend again if released on bail for the following reasons (provide relevant details):\n\t(a)\tprior offences:\n\t(b)\tother reasons that make the applicant likely to re‑offend:\n\t4\tThere is a presumption against bail under section 10A of the Bail Act 1985 in relation to which the applicant has not established—\n\t(a)\tthe existence of special circumstances justifying his or her release on bail (provide relevant details); or\n\t(b)\tin the case of a serious and organised crime suspect—a lack of prior conviction for a serious and organised crime offence (including such an offence in another jurisdiction) (provide relevant details):\n\t5\tOther reasons for refusing bail are (eg: interference with evidence or witnesses, hindering police enquiries etc):\nBail Authority (include surname, rank and police identification number):\nBail authority's signature:\nDate:\nTime:\nNote—\nThe applicant must be given a copy of this form\nAcknowledgment of receipt\nI acknowledge that I have been provided with a copy of the reasons for the refusal of my application to be released on bail.\nApplicant's signature:\nDate:\nTime:\nForm 3—Grant of bail\nBail Act 1985\n[Insert full name] (the person) has been granted bail subject to the conditions listed below and stipulated in the bail agreement (see Form 4).\nConditions of bail1-4\n[Insert bail conditions]\nBail Authority:\n\t•\tIf the bail authority is a police officer—the police officer's surname, rank and police identification number:\n\t•\tIf the bail authority is not a police officer—the full name of the bail authority:\nSignature of bail authority:\nDate:\nTime:\nNotes—\n1\tSection 11(1a) of the Act provides that a bail authority may only vary or revoke the conditions of a grant of bail under section 11(1) of the Act if the bail authority is satisfied that—\n\t(a)\tthere are cogent reasons for doing so; and\n\t(b)\tthe possession of a firearm, ammunition or part of a firearm by the person to whom the bail agreement relates does not represent an undue risk to the safety of the public.\nIf a bail authority varies or revokes a condition imposed by section 11(1) of the Act, the bail authority must make a written record of the reasons for its decision.\n2\tSection 11(2ab) of the Act provides that if the person is a class 1 or class 2 offence suspect (within the meaning of the Child Sex Offenders Registration Act 2006), any grant of bail to the applicant must, subject to that section, be made subject to the following conditions:\n\t(a)\ta condition that the applicant agrees not to engage in child-related work;\n\t(b)\ta condition that the applicant agrees not to apply for child-related work.\nA bail authority may only vary or revoke these conditions if satisfied that there are cogent reasons for doing so and the person engaging in child‑related work will not pose a risk to the safety and well‑being of children.\nIf a bail authority varies or revokes a condition imposed by section 11(2ab) of the Act, the bail authority must make a written record of the reasons for its decision.\nDetails of guarantor(s)\nName in full:\nAddress:\nForm 4—Bail agreement\nBail Act 1985\n(section 6(2))\nPart A\nI, [insert full name] of [insert address] being charged with/convicted of/* the following offences [insert offences]:\nAgree to be present at [insert name of court] at [insert time] on [insert date], or at any other time when called on and, subject to any direction in this agreement to the contrary, to be present throughout all proceedings relating to this matter until the matter is disposed of.\nDirections as to attendance at proceedings [insert]\nI agree to comply with all of the conditions of bail listed in this agreement.\nI understand that if I do not appear when required, or if I fail to comply with a condition of bail—\n\t•\tI may be arrested with or without a warrant; and\n\t•\tI may have to pay any money that I have agreed to pay to the Crown if I breach this agreement; and\n\t•\tI may be convicted of an offence against the Bail Act 1985 and liable to a maximum penalty of a fine of $10 000 or 2 years imprisonment.\nConditions of bail1-7\n[Insert bail conditions]\nSignature of person entering agreement:\nDate:\nTime:\nWitnessed by authorised person8:\nSigned:\nTitle, rank or other authorisation:\nDate:\nTime:\n*Strike out whichever does not apply.\nNotes—\n1\tSection 11(6) of the Act provides that it is a condition of every bail agreement that the person released under the agreement will not leave the State for any reason—\n\t•\tif the person is under the supervision of an officer of a government department—without the permission of the Chief Executive Officer of the department;\n\t•\tin any other case—without the permission of a judge or magistrate, or police officer who is of or above the rank of sergeant or the responsible officer for a police station.\n2\tSection 11(1)(a) of the Act provides that it is a condition of every grant of bail that an applicant is prohibited from possessing a firearm, ammunition or any part of a firearm.\n3\tSection 11(1)(b) of the Act provides that it is a condition of every grant of bail that the applicant submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by the bail authority, or a person or class of persons or body specified by the bail authority.\n4\tSection 11(1a) of the Act provides that a bail authority may only vary or revoke the conditions of a grant of bail under section 11(1) of the Act if the bail authority is satisfied that—\n\t•\tthere are cogent reasons for doing so; and\n\t•\tthe possession of a firearm, ammunition or part of a firearm by the person to whom the bail agreement relates does not represent an undue risk to the safety of the public.\nIf a bail authority varies or revokes a condition imposed by section 11(1) of the Act, the bail authority must make a written record of the reasons for its decision.\n5\tSection 11(2ab) of the Act provides that if the person is a class 1 or class 2 offence suspect (within the meaning of the Child Sex Offenders Registration Act 2006), any grant of bail to the applicant must, subject to that section, be made subject to the following conditions:\n\t(a)\ta condition that the applicant agrees not to engage in child-related work;\n\t(b)\ta condition that the applicant agrees not to apply for child-related work.\nA bail authority may only vary or revoke these conditions if satisfied that there are cogent reasons for doing so and the person engaging in child‑related work will not pose a risk to the safety and well‑being of children.\nIf a bail authority varies or revokes a condition imposed by section 11(2ab) of the Act, the bail authority must make a written record of the reasons for its decision.\n6\tThe authorised person may be the bail authority, a person or person of a class specified by the bail authority, a justice, a police officer who is of or above the rank of sergeant or the responsible officer for a police station or, if the person is in prison, the person in charge of the prison.\nPart B: To be completed by bail authority if a condition of bail is altered\nDate:\nBail Authority:\n\t•\tIf the bail authority is a police officer—the police officer's surname, rank and police identification number:\n\t•\tIf the bail authority is not a police officer—the full name of the bail authority:\nDetails of new condition:\nSignature of bail authority:\nSignature of person granted bail:\nSignature of guarantor:\nForm 5—Guarantee of bail\nBail Act 1985\n(section 7(2))\nGuarantee of bail\nI, [insert full name], of [insert address] guarantee that [insert name of person to be released on bail] (the person) will comply with—\n\t*\tall of the terms and conditions of the person's bail agreement; OR\n\t*\tthose terms and conditions of the person's bail agreement specified in this guarantee (see below).\n* Strike out whichever does not apply.\nI undertake that, if the person fails to comply with a term or condition of the bail agreement to which this guarantee relates, I will forfeit to the Crown the sum of $[insert amount].\nI declare—\n\t(a)\tthat I know [insert name of the person]; and\n\t(b)\tthat I am of or above the age of 18 years; and\n\t(c)\tthat I have been given a copy of the bail agreement in relation to which this guarantee is given; and\n\t(d)\tthat I will ensure that the person to be released on bail will comply with the terms and conditions of the person's bail agreement in relation to which this guarantee is given.\nI understand—\n\t(a)\tthat if I know, or have reasonable grounds to suspect, that the person has failed to comply with a term or condition of the bail agreement in relation to which this guarantee is given, I am required to take reasonable steps to inform a police officer that the failure has, or may have, occurred and, if I fail to do so, then, in addition to the amount I have undertaken to forfeit to the Crown, I may also be liable to a fine of up to $1 250; and\n\t(b)\tthat this guarantee is in force for so long as the person is on bail, subject to the terms of this guarantee being varied or the guarantee being revoked.\nTerms and conditions of bail agreement specified for the purposes of this guarantee:\nGuarantor's signature:\nDate:\nTime:\nSignature of authorised person1 witness:\nTitle, rank or other authorisation of witness:\nDate:\nTime:\n1\tThe authorised person who witnesses the guarantor's signature may be the bail authority, a person or person of a class specified by the bail authority, a justice, a police officer who is of or above the rank of sergeant or the responsible officer for a police station or, if the person is in prison, the person in charge of the prison.\nForm 7—Application to vary conditions of bail agreement or to revoke bail agreement\nBail Act 1985\n(section 6(4))\n[Insert full name of person released on bail] of [insert address] is charged with/has been convicted of* [insert offence(s)] and was granted bail on [insert date].\nI, [insert name of applicant] of [insert address] apply to [insert name of bail authority] at [insert location] to—\n\t*\tvary the conditions of the bail agreement\n\t*\trevoke the bail agreement\nI make this application on the following grounds: [insert grounds]\nApplicant's signature:\nDate:\n*Strike out whichever does not apply.\nForm 8—Application to vary terms of guarantee of bail or to revoke guarantee of bail\nBail Act 1985\n(section 7(4))\n[Insert full name of person released on bail] of [insert address] is charged with/has been convicted of* [insert offence(s)] and was granted bail on [insert date].\nI, [insert name of guarantor] of [insert address] apply to [insert name of bail authority] at [insert location] to—\n\t*\tvary the terms on my guarantee of bail\n\t*\trevoke my guarantee of bail\nI make this application on the following grounds:\nGuarantor's signature:\nDate:\n*Strike out whichever does not apply.\nForm 9—Notice of withdrawal of application for review of decision of bail authority\nBail Act 1985\n(section 16(2))\nThe Crown advises that the application to review the decision made on [insert date] by [insert name of bail authority] to grant bail to [insert full name of person] of [insert address] is withdrawn.\nSignature of person acting on behalf of Crown:\nFull name of person acting on behalf of Crown:\nDate:\nTime:\nForm 10—Written record of reasons—section 11(1c)\nBail Act 1985\n(section 11(1c))\nBail applicant:1 [insert full name]\nCondition of bail to be varied or revoked:\nDetails of variation if condition is to be varied: [specify as required]\nThe condition/s* of bail under section 11(1) of the Bail Act 19852 are varied/revoked* for the following reasons3: [specify reasons]\nBail Authority (include surname, rank and police identification number):\nSignature of bail authority:\nDate:\nTime:\n*Strike out whichever does not apply.\nNotes—\n1\tSection 11(1) of the Act provides that every grant of bail is subject to a condition prohibiting the applicant from possessing a firearm, ammunition or any part of a firearm and a condition requiring the applicant to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by the bail authority, or a person or class of persons or body specified by the bail authority.\n2\tSection 11(1a) of the Act provides that a bail authority may only vary or revoke the conditions imposed by section 11(1) of the Act if satisfied that—\n\t•\tthere are cogent reasons to do so; and\n\t•\tthe possession of a firearm, ammunition or part of a firearm by the person to whom the bail agreement relates does not represent an undue risk to the safety of the public.\n3\tSection 11(1c) of the Act provides that if a bail authority varies or revokes a condition imposed by section 11(1), the bail authority must make a written record of the reasons for its decision.\nForm 11—Written record of reasons—section 11(2ad)\nBail Act 1985\n(section 11(2ad))\nBail applicant:1 [insert full name]\nCondition of bail to be varied or revoked:\nDetails of variation if condition is to be varied: [specify as required]\nThe condition/s* of bail under section 11(2ab) of the Bail Act 19852 are varied/revoked* for the following reasons3: [specify reasons]\nBail Authority (include surname, rank and police identification number):\nSignature of bail authority:\nDate:\nTime:\n*Strike out whichever does not apply.\nNotes—\n1\tSection 11(2ab) of the Act provides that every grant of bail in relation to a person who is a class 1 or class 2 offence suspect is subject to a condition prohibiting the applicant from engaging in or applying for child‑related work (within the meaning of the Child Sex Offenders Registration Act 2006).\n2\tSection 11(2ac) of the Act provides that a bail authority may only vary or revoke the conditions imposed by section 11(2ab) of the Act if satisfied that—\n\t•\tthere are cogent reasons to do so; and\n\t•\tthe person engaging in child‑related work will not pose a risk to the safety and well‑being of children.\n3\tSection 11(2ad) of the Act provides that if a bail authority varies or revokes a condition imposed by section 11(1), the bail authority must make a written record of the reasons for its decision.\nForm 12—Direction to surrender firearms and ammunition\nBail Act 1985\n(section 11A(1))\n[Insert full name] has been granted bail subject to the conditions stipulated in the bail agreement (see Form 4).\nPursuant to section 11A(1) of the Bail Act 1985, I [insert name of bail authority] direct [specify name of person who has been granted bail] to surrender any firearm, ammunition, or part of a firearm owned by you or in your possession forthwith to [specify location of police station].\nBail Authority:\n\t•\tIf the bail authority is a police officer—the police officer's surname, rank and police identification number:\n\t•\tIf the bail authority is not a police officer—the full name of the bail authority:\nSignature of bail authority:\nDate:\nTime:\nNote—\nSection 11A(2) of the Act provides that a person who refuses or fails to comply with a direction under section 11A(1) is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 2 years.\nSchedule 2—Section 13 statement\nForm—Section 13 statement\nBail Act 1985\nHow to apply for release on bail\n1—General\nThe law of bail in South Australia is contained in the Bail Act 1985.\nThis pamphlet is designed to help you decide whether you are eligible to apply for bail, and to assist you in making such an application.\nIt will also assist people who want to \"stand bail\" (that is, be a guarantor) for you.\nIf there are things you do not understand, ask the police, telephone your lawyer, or ask the magistrate or the person who witnesses your bail documents for advice.\nIf you do not have a lawyer and you want help, you can ask to see the duty solicitor from the Legal Services Commission or telephone the Legal Services Commission during office hours. (Duty solicitors visit the larger courthouses during office hours—ask the police to contact the duty solicitor for you.)\n2—What is a bail agreement?\nA bail agreement is an agreement between the Crown and a person requiring the person to be at his or her court hearings and to obey any special conditions set by the court during the period of the operation of the bail agreement in return for the person's release from custody on bail.\n3—Can I apply for bail?\nAdults\nIf you are aged 18 years or more, you can apply for bail in any of the following circumstances:\n\t•\tyou are appearing before a court in answer to a summons and you might be remanded in custody; or\n\t•\tyou are in custody on a charge of an offence after being arrested by the police; or\n\t•\tyou have been convicted of an offence but have not yet been sentenced; or\n\t•\tyou have been convicted of an offence and sentenced, but you have not exhausted all rights of appeal or review and you intend to appeal; or\n\t•\tyou are appearing in court for allegedly failing to observe a condition of a bond; or\n\t•\tyou have been arrested on a warrant and you are appearing, or are to appear, before a court as a witness;\n\t•\tyou have been arrested on a warrant issued by a court—\n\t—\tfor failing to appear before that court on charges; or\n\t—\tfor breach of a bond,\nand the court has authorised the police officer in charge of the police station, or a person specified on the warrant, to grant bail on your arrest.\nHowever, you cannot apply for bail after having been arrested if you are being detained under the Summary Offences Act 1953 for a purpose related to the investigation of an offence until the end of that detention.\nPeople under the age of 18 years\nIf you are under the age of 18 years, you can apply for bail if you have been arrested on suspicion of having committed an offence and you have been taken into police custody.\n4—I think I qualify for bail\nTo whom do I apply for bail?\nThere are various bail authorities under the Bail Act 1985 that can hear and decide bail applications.\nThe following is a list of bail authorities for the purposes of the Act:\n\t•\tthe Supreme Court;\n\t•\tthe District Court;\n\t•\tthe Magistrates Court;\n\t•\tthe Youth Court;\n\t•\tany court before which you must appear in relation to the matter;\n\t•\ta justice;\n\t•\ta sergeant of police;\n\t•\ta police officer of a rank higher than sergeant;\n\t•\tthe responsible officer for a police station;\n\t•\tthe person specified on the warrant for your arrest.\nDepending on your circumstances, you can apply to one of these bail authorities. You should check with a police officer, your lawyer or a court officer as to whom you must apply for bail.\nHow do I apply for bail?\nYour application for bail must be in writing.\nApplication forms are available from police stations, gaols and courts. You must answer all questions.\nIf you were under the age of 18 years at the time you allegedly committed the offence for which you are arrested, your parent, guardian or custodian may assist you to make your application.\nIf there is something you do not understand, ask a police officer, your lawyer or a court officer to explain.\n5—On what grounds will bail be granted or refused?\nWhether or not you are granted bail will depend on many factors, including—\n\t•\tthe seriousness and nature of the alleged offence;\n\t•\tthe likelihood that you—\n\t—\tmay not attend court when required; or\n\t—\tmay offend again; or\n\t—\tmay interfere with evidence or a witness;\n\t•\tany need you, or an alleged victim, may have for physical protection;\n\t•\tmedical matters;\n\t•\twhether you have previously breached bail conditions;\n\t•\tany other relevant matter.\nFor some applicants (prescribed applicants under section 10A of the Bail Act 1985) there is a presumption against granting bail and the applicant must establish the existence of special circumstances justifying release on bail.\n6—What can I do if I am refused bail?\nIf your application for bail is unsuccessful, you can ask for that decision to be reviewed. (A review is a type of appeal.)\nIf the bail authority is a police officer or a justice, the review will be carried out by a magistrate, who can be contacted (by telephone if necessary) by the person who made the original decision. If the police officer who made the decision is not immediately available to contact a magistrate, contact must be made by another police officer of or above the rank of sergeant or the responsible officer for the police station.\nOnce the magistrate has been told the facts of the case and the reason why your application was refused, you have the right to put your case. The magistrate must reach a decision straight away.\nIf the bail authority is a magistrate or a District Court judge, the review must be carried out by a Supreme Court judge.\nIf you are refused bail, you will be given a copy of the written reasons for that refusal.\nYou may apply for bail on a later occasion.\n7—What is meant by a bail agreement?\nWhen you enter into a bail agreement, you are agreeing to attend a particular court on the next date and at the time fixed for your case as well as on every other occasion when your matter is listed and, unless directed otherwise in the agreement, to be present in court each time your matter is listed until it is finished.\nYou are also agreeing to comply with all of the conditions set out in your bail agreement. Failure to obey any condition of a bail agreement is a criminal offence and can, in some cases, be punished by up to 2 years gaol or a fine of up to $10 000.\nIn addition, any money promised to the Crown as part of your bail agreement may have to be paid and, if necessary, collected in the same way as a fine.\n8—What are conditions of bail?\nConditions of bail are the rules that you must obey in return for your freedom.\nIn all cases, except where a bail authority allows you to live interstate or gives you permission to travel interstate for a specific reason, you cannot leave South Australia while on bail.\nIt is a condition of bail that you must not possess a firearm, ammunition, or any part of a firearm, and that you submit to such tests (including testing without notice) for gunshot residue, as required by the bail authority. These two conditions apply to the grant of every bail, and can only be varied or revoked if the bail authority is satisfied that there are cogent reasons to do so and the possession of a firearm, ammunition or part of a firearm does not represent an undue risk to the safety of the public. The bail authority must make a written record of the reasons for its decision to vary or revoke these conditions. Once you have been granted bail, the bail authority may direct you to surrender any firearms or ammunition you own or possess.\nOther restrictions can be imposed on you, including, for example, not seeing or contacting certain people, staying away from certain places, agreeing to live at a certain address, being under the supervision of a community corrections officer, submitting to electronic monitoring such as by wearing a GPS tracking device, reporting to the police on a regular basis or giving up your passport. Conditions are set by the court to suit individual cases.\nIn certain circumstances there are mandatory conditions of bail that must be imposed:\n\t•\tIf you are determined to be a serious and organised crime suspect you must reside, with electronic monitoring, at a specified address and may only leave that address in certain limited situations, people that you may contact will be restricted and you will only be able to possess and use specified communication devices;\n\t•\tIf you are charged with certain offences where the victim is a child, there will be a condition that you agree not to engage in, or apply for, child‑related work.\nYou can ask a bail authority to vary the conditions imposed on you under the bail agreement.\n9—What is a guarantor and what does a guarantor have to do?\nYour guarantor is a person who enters into a guarantee that you will, if freed on bail, obey all the conditions of bail set by the bail authority (see clause 8).\nIf you do not comply with a condition of your bail agreement and you breach a condition, or if the guarantor knows that you have breached a condition or that you are likely to breach a condition, the guarantor must tell the police what you have done or are likely to do. If the guarantor does not do so, the guarantor can be liable to a fine of up to $1 250.\nIn addition to the possibility of having to pay a fine, if you breach a condition of your bail agreement, your guarantor may have to pay to the Crown the sum of money that the guarantor has undertaken to pay in the guarantee.\n10—Guarantor may apply to have guarantee varied or revoked\nYour guarantor may, at any time, apply to a bail authority to have the terms of the guarantee varied or the guarantee revoked. This could happen if your guarantor is afraid you may abscond or otherwise not comply with the conditions of your bail agreement.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Bail Regulations 2015 revoked the following:\nBail Regulations 2000\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2015\n199\nGazette 20.8.2015 p3894 \n1.9.2015: r 2\n2016\n30\nGazette 12.5.2016 p1451\n12.5.2016: r 2\n2018\n37\nGazette 13.2.2018 p770\n26.2.2018: r 2\n2019\n211\nGazette 26.9.2019 p3362\n26.9.2019: r 2\n2020\n317\nGazette 17.12.2020 p5775\n1.1.2021: r 2\n2022\n70\nGazette 25.8.2022 p2622\n29.8.2022: r 2\n2022\n114\nGazette 15.12.2022 p6920\n15.12.2022: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n12.5.2016\nr 3A\n\n\nr 3A(1)\nr 3A inserted by 37/2018 r 4\n26.2.2018\n\nr 3A varied and redesignated as r 3A(1) by 211/2019 r 4(1), (2)\n26.9.2019\nr 3A(2) and (3)\ninserted by 211/2019 r 4(2)\n26.9.2019\nr 4 before substitution by 70/2022\n\n\nr 4(3)\nvaried by 30/2016 r 4\n12.5.2016\nr 4\nsubstituted by 70/2022 r 3\n29.8.2022\nr 4(1)\nsubstituted by 114/2022 r 3\n15.12.2022\nSch 1\n\n\nTable\namended by 70/2022 r 4(1)\n29.8.2022\n\namended by 114/2022 r 4(1)\n15.12.2022\nForm 1\nsubstituted by 70/2022 r 4(2)\n29.8.2022\nForm 2\nsubstituted by 30/2016 r 5(1)\n12.5.2016\nForms 3 and 4\nsubstituted by 70/2022 r 4(3)\n29.8.2022\nForm 5\ndeleted by 70/2022 r 4(3)\n29.8.2022\n\ninserted by 114/2022 r 4(2)\n15.12.2022\nForm 6\ndeleted by 70/2022 r 4(4)\n29.8.2022\nForms 7 and 8\nsubstituted by 70/2022 r 4(5)\n29.8.2022\nForm 10\nsubstituted by 30/2016 r 5(2)\n12.5.2016\nForm 11\nsubstituted by 30/2016 r 5(3)\n12.5.2016\nSch 2\n\n\nForm\nvaried by 317/2020 r 4\n1.1.2021\nSchs 3 and 4\nomitted under Legislation Revision and Publication Act 2002\n12.5.2016\nHistorical versions\n12.5.2016\n\n26.2.2018\n\n26.9.2019\n\n1.1.2021\n\n29.8.2022\n\n","sortOrder":0}],"analysis":{"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The document supplied is a broken URL error page from the South Australian legislation website, containing no substantive regulatory content."},"complexity_factors":["No legislative text was retrievable — the source document is a website error page, not actual legislation","Complexity cannot be meaningfully assessed without access to the substantive content of the Bail Regulations 2015 (SA)","Score of 1 reflects the trivial complexity of the error page itself, not the underlying legislation"],"plain_english_summary":"The provided link returned a 404 error from the South Australian legislation site, so the actual text of the Bail Regulations 2015 (SA) was not retrieved and no substantive provisions were available for analysis.\n\nTo view the instrument, go to https://www.legislation.sa.gov.au and search for “Bail Regulations 2015.” Generally, such regulations set forms, conditions and procedures for release from custody — but no specific regulation text could be examined here."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operationalising the Bail Act 1985 through forms, procedural rules for firearms surrender, and definitional clarity for terrorism offences. While the regulations have been amended multiple times since 2015 (as shown in the legislative history), these amendments have refined and updated existing mechanisms rather than expanding into new substantive areas. The firearms provisions were part of the original scheme, and the terrorism definition (added in 2018 and expanded in 2019) serves the original purpose of identifying serious offences for bail consideration."},"complexity_factors":["Multiple cross-references to other legislation (Bail Act 1985, Criminal Law Consolidation Act 1935, Summary Offences Act 1953, Firearms Act 1977, Joint Criminal Rules 2022, and interstate laws)","Nested conditional logic in Regulation 5 (dealing with surrendered items) with multiple triggers for forfeiture and return","Dual form systems depending on whether bail authority is a court or non-court entity","Defined terms including 'conditional release' which aggregates 5 different types of release across 4 different Acts","Specific technical requirements for forms with mandatory fields and witnessing requirements","Interaction between state and Commonwealth definitions of 'terrorist organisation'"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the practical details for how bail works in South Australia under the *Bail Act 1985*. They cover three main areas:\n\n- **Forms and paperwork**: Prescribes the official forms for applying for bail, recording decisions, and creating bail agreements. Courts use forms from the *Joint Criminal Rules 2022*, while police and other bail authorities use forms set out in Schedule 1.\n\n- **Firearms and surrendered items**: Establishes detailed rules for when people on bail must hand over firearms, ammunition, or gun parts. It explains how police must store these items, when they must be returned, and when they can be permanently confiscated (forfeited) by the government. There are specific protections for public safety, including mandatory conditions that people on bail cannot possess firearms unless a court finds \"cogent reasons\" (compelling justification) and no public safety risk.\n\n- **Terrorism offences**: Defines which specific offences count as \"terrorist offences\" for bail purposes, including certain offences under South Australian law and equivalent offences in New South Wales, the Northern Territory, and Victoria.\n\n- **Information for applicants**: Requires that people applying for bail receive a written statement (in Schedule 2) explaining how bail works, their rights, and how to apply—translated if needed.\n\n**Who it affects:**\n\n- People charged with crimes who are seeking release from custody while awaiting trial\n- Guarantors (people who \"stand bail\" and promise money if the accused person breaches conditions)\n- Police officers, justices, and courts who make bail decisions\n- Victims and the broader community (through public safety protections)\n\n**Why it matters:**\n\nBail is the crucial decision point between keeping someone in prison or releasing them before their trial. These regulations ensure the process is standardised, transparent, and includes safeguards—particularly around firearms and serious offences like terrorism and child sex offences. The firearms provisions are especially significant because they create an automatic prohibition on gun possession for all people on bail, with strict tests for any exceptions."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulations have expanded and been re‑scoped since earlier versions. Notably, a specific regulation defining prescribed local and interstate offences as \"terrorist offences\" was inserted (r3A inserted 26.2.2018; varied 26.9.2019). The rules on forms were centralised and modified so courts use Joint Criminal Rules 2022 while non‑court bail authorities use Schedule 1 (r4 substitutions 29.8.2022 and 15.12.2022). Detailed procedures for surrendered firearms, including automatic forfeiture for prohibited items, retention, return conditions, cost recovery and an explicit no‑compensation rule, were set out (r5). The legislative history records multiple amendments to forms and these new provisions across 2016–2022."},"complexity_factors":["Extensive cross-references to other statutes and Bail Act provisions (eg. r3A cross-references Criminal Law Consolidation Act 1935 and interstate laws; multiple Form notes refer to sections 11, 11A, 13 of the Bail Act).","Multiple prescribed forms and mandatory content requirements (Schedule 1; r4(2)–(3); Schedule 2 for s13 statement).","Prescriptive, stepwise rules for surrendered items with procedural triggers, timelines, and outcomes (r5(2)–(9) — forfeiture, retention, return, and refusal rules).","Discretion vested in the Commissioner of Police to determine storage location, to refuse return, and to specify collection periods (r5(3), (5)–(7), (6)(c)).","Explicit non‑compensation and cost‑recovery provisions affecting individuals who surrendered items (r5(10), (12)).","Delegation of court forms to an external instrument (Joint Criminal Rules 2022) for court bail authorities (r4(1)), adding a layer of external dependency.","Translation and accessibility requirement for the s13 information statement (r6(2)), implicating administrative implementation.","Recordkeeping and reason‑giving obligations for bail decisions and condition variations (Forms 2, 10, 11; notes referencing s11(1c), s11(2ad))."],"plain_english_summary":"These regulations set the paperwork and practical rules for bail in South Australia: they prescribe which forms to use, define certain State and interstate offences as “terrorist offences” for bail purposes, and establish how surrendered firearms and ammunition are stored, returned or forfeited. The rules affect people applying for bail, guarantors, police (including the Commissioner) and courts by clarifying administrative steps, specifying forfeiture and cost recovery, and providing a standard, translatable information statement about how to apply for bail."}},"importantCases":[],"_links":{"self":"/api/acts/bail-regulations-2015","history":"/api/acts/bail-regulations-2015/history","analysis":"/api/acts/bail-regulations-2015/analysis","conflicts":"/api/acts/bail-regulations-2015/conflicts","importantCases":"/api/acts/bail-regulations-2015/important-cases","documents":"/api/acts/bail-regulations-2015/documents"}}