{"id":"tas:sr-2024-082","name":"Bail Regulations 2024","slug":"bail-regulations-2024","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"82 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174545,"registerId":"tas-sr-2024-082-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Bail Regulations 2024](/view/html/inforce/2026-04-12/sr-2024-082) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 10 December 2024.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In these regulations –\n> > \n> > > ***Act*** means the [Bail Act 1994](/view/html/inforce/2026-04-12/act-1994-009) .\n> \n> > (2)  In these regulations, a reference to a form by a number is taken to be a reference to the form of that number set out in [Schedule 1](#JS1@EN) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Notice of admission to police bail","content":"### 4 Notice of admission to police bail\n\n> A notice for the purposes of [section 5(1)](/view/html/inforce/2026-04-12/act-1994-009#GS5@Gs1@EN) of the Act is to be in accordance with Form 1.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Warrant for arrest on failure to appear","content":"### 5 Warrant for arrest on failure to appear\n\n> A warrant for arrest under [section 5(5)](/view/html/inforce/2026-04-12/act-1994-009#GS5@Gs5@EN) or [12](/view/html/inforce/2026-04-12/act-1994-009#GS12@EN) of the Act is to be in accordance with Form 2.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Bail document","content":"### 6 Bail document\n\n> A document for the purposes of [section 7(2)](/view/html/inforce/2026-04-12/act-1994-009#GS7@Gs2@EN) of the Act is to be in accordance with Form 3.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Recognizance on admission to bail","content":"### 7 Recognizance on admission to bail\n\n> A recognizance for the purposes of [section 7(5)(b)](/view/html/inforce/2026-04-12/act-1994-009#GS7@Gs5@Hpb@EN) of the Act is to be in accordance with Form 4.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Notice of application for forfeiture of recognizance","content":"### 8 Notice of application for forfeiture of recognizance\n\n> > (1)  For the purposes of [section 20(d)](/view/html/inforce/2026-04-12/act-1994-009#GS20@Hpd@EN) of the Act, notice of application to a judge or justice under [section 20(a)](/view/html/inforce/2026-04-12/act-1994-009#GS20@Hpa@EN) of the Act is to be served personally.\n> \n> > (2)  Proof that notice of the application has been served for the purposes of [section 20(d)](/view/html/inforce/2026-04-12/act-1994-009#GS20@Hpd@EN) of the Act is to be provided by a memorandum of service in accordance with Form 5.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Application for bail or variation of bail","content":"### 9 Application for bail or variation of bail\n\n> An application under [section 23](/view/html/inforce/2026-04-12/act-1994-009#GS23@EN) of the Act –\n> \n> > > (a) to be admitted to bail; or\n> > \n> > > (b) for variation of a condition of an order for bail –\n> \n> is to be in accordance with Form 6.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Miscellaneous applications under Act","content":"### 10 Miscellaneous applications under Act\n\n> > (1)  An application under [section 20(a)](/view/html/inforce/2026-04-12/act-1994-009#GS20@Hpa@EN) , [24(1)](/view/html/inforce/2026-04-12/act-1994-009#GS24@Gs1@EN) or [27](/view/html/inforce/2026-04-12/act-1994-009#GS27@EN) of the Act is to be in accordance with Form 7.\n> \n> > (2)  Unless otherwise ordered by the judge, justice or relevant court, an application referred to in [subregulation (1)](#GS10@Gs1@EN) is to be supported by an affidavit specifying the material facts on which the person intends to rely.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Prescribed offences","content":"### 11 Prescribed offences\n\n> For the purposes of the definition of *terrorism offence* in [Part 1A of the Act](/view/html/inforce/2026-04-12/act-1994-009#HP1A@EN) , the following offences in relation to terrorism are prescribed:\n> \n> > > (a) an offence under section 310J of the *Crimes Act 1900* of New South Wales;\n> > \n> > > (b) an offence under section 4B of the *Terrorism (Community Protection) Act 2003* of Victoria.","sortOrder":10},{"sectionNumber":"SCHEDULE 1 - Forms","sectionType":"part","heading":"SCHEDULE 1 - Forms","content":"# SCHEDULE 1 - Forms SCHEDULE 1 - Forms\n\n[Regulation 3(2)](#GS3@Gs2@EN)\n\n[![graphic image](/image/bail24f1.gif)](/image/bail24f1.gif)\n\n[![graphic image](/image/bail24f2.gif)](/image/bail24f2.gif)\n\n[![graphic image](/image/bail24f3.gif)](/image/bail24f3.gif)\n\n[![graphic image](/image/bail24f4.gif)](/image/bail24f4.gif)\n\n[![graphic image](/image/bail24f5.gif)](/image/bail24f5.gif)\n\n[![graphic image](/image/bail24f6.gif)](/image/bail24f6.gif)\n\n[![graphic image](/image/bail24f7.gif)](/image/bail24f7.gif)\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 10 December 2024\n\nThese regulations are administered in the Department of Justice.","sortOrder":11}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a standard, narrow set of procedural regulations that does exactly what regulations under the Bail Act 1994 are expected to do: prescribe forms and minor procedural details. There is no scope creep beyond the original intent of the enabling Act."},"complexity_factors":["Only 2 defined terms in the interpretation section ('Act' and form numbering)","Straightforward structure: 11 regulations plus Schedule of forms","No nested exceptions or conditional logic beyond simple 'unless otherwise ordered' in regulation 10(2)","Minimal cross-referencing – only refers back to parent Bail Act 1994 for substantive provisions","Forms are prescribed by reference to Schedule 1 but content is graphical/image-based and not reproduced in text","Single substantive policy decision: prescribing specific terrorism offences from other jurisdictions in regulation 11"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the **paperwork and procedural rules** for how bail works in Tasmania. They prescribe the exact forms that must be used for various bail-related processes under the *Bail Act 1994*.\n\n**Who it affects:**\n\n- **Police officers** – who must use specific forms when granting bail or arresting someone who fails to appear\n- **Courts, judges and justices** – who handle bail applications and forfeiture proceedings\n- **Accused persons and their sureties** – who must complete recognizances (a formal promise to pay money if bail conditions are broken)\n- **Legal practitioners** – who make applications for bail or to vary bail conditions\n\n**Key things covered:**\n\n- **Form 1**: Notice when police grant bail\n- **Form 2**: Warrant for arrest if someone doesn't show up to court\n- **Form 3**: The actual bail document setting out conditions\n- **Form 4**: Recognizance (the financial guarantee)\n- **Form 5**: Proof that someone was served with notice of an application to forfeit their recognizance\n- **Form 6**: Application for bail or to change bail conditions\n- **Form 7**: Other miscellaneous bail applications (must be supported by an affidavit unless a court orders otherwise)\n\n**Why it matters:**\n\nBail is the system that lets accused people stay out of custody while waiting for trial, provided they promise to return to court. These regulations ensure **consistency and legal certainty** – everyone uses the same forms, so there's no confusion about whether paperwork is valid. The regulations also **prescribe specific terrorism offences** from NSW and Victorian law that count as \"terrorism offences\" for the purposes of Tasmania's bail laws, ensuring cross-border consistency in how serious threats are treated.\n\nWithout these forms, bail decisions could be challenged on technical grounds, potentially causing delays or releasing people who should remain in custody (or vice versa)."},"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":2,"scope_assessment":{"changed":false,"description":"Unable to properly assess scope change as the substantive content of the regulations was not included in the provided text. Only administrative metadata (version date, responsible minister reference, amendment table link) was available. No determination can be made about whether scope shifted from original intent without access to the actual regulatory provisions."},"complexity_factors":["Insufficient legislative content was provided to assess true complexity — only metadata and status information was available","Bail regulations are typically procedural and administrative in nature, which tends to make them more straightforward than substantive law","As subordinate legislation (regulations made under a parent Act), they operate within a defined framework which limits their scope","Bail law itself involves some complexity due to the balance between individual liberty and community safety, but regulations usually deal with the administrative mechanics rather than these harder questions"],"plain_english_summary":"These regulations are the administrative rules that implement Tasmania’s bail law, setting out how bail applications, forms, fees and procedures are handled in practice. They affect accused people seeking bail, their lawyers and support people, police, magistrates and court administrators. Because procedural detail determines whether bail is granted, recorded and enforced correctly, these regulations shape who stays in custody and how conditions are managed. Note: the instrument’s specific provisions were not provided here."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations do not alter who is eligible for bail or the substantive tests in the Bail Act. Instead they implement and standardise administrative mechanics: prescribed forms (Schedule 1), commencement date (reg 2), personal service and proof requirements for forfeiture applications (reg 8), affidavit support for certain applications (reg 10(2)), and prescribed state terrorism offences for Part 1A (reg 11). These are procedural clarifications and implementation details, not changes to the Act’s substantive scope."},"complexity_factors":["Narrow procedural scope: mainly prescribes standard forms (Schedule 1) rather than substantive law changes.","Cross-references to the Bail Act 1994 throughout (reg 3(1)), requiring simultaneous reading of the primary Act.","Service and proof rules add specific procedural obligations (personal service for forfeiture — reg 8(1); memorandum proof — reg 8(2)).","Affidavit support requirement for certain applications unless a judge or court orders otherwise (reg 10(2)) adds evidentiary step.","Cross‑jurisdictional prescription of offences (reg 11 references NSW and Victoria statutes) requires consulting other state laws.","Implementation detail: Schedule 1 supplies image-based forms which create administrative compliance tasks for agencies and users."],"plain_english_summary":"These regulations set the specific forms and simple procedural steps used under the Bail Act 1994 (for police bail notices, arrest warrants, bail documents, recognizances and various bail applications) and commence on 10 December 2024. They also require personal service for forfeiture applications and prescribe two state offences as ‘terrorism offences’ for the Act’s Part 1A. The rules primarily standardise paperwork and proof/service mechanics, affecting police, courts, registries and people applying for or admitted to bail."}},"importantCases":[],"_links":{"self":"/api/acts/bail-regulations-2024","history":"/api/acts/bail-regulations-2024/history","analysis":"/api/acts/bail-regulations-2024/analysis","conflicts":"/api/acts/bail-regulations-2024/conflicts","importantCases":"/api/acts/bail-regulations-2024/important-cases","documents":"/api/acts/bail-regulations-2024/documents"}}