3Definitions

3 Definitions In this Act unless inconsistent with the context or subject-matter— S. 3 def. of *Aboriginal bail support service* inserted by No. 28/2023 s. 31. ***Aboriginal bail support service*** means a bail support service that is provided by an entity that— (a) is managed by Aboriginal people; or (b) operates for the benefit of Aboriginal people; S. 3 def. of *Aboriginal person* inserted by No. 70/2010 s. 4(1), amended by No. 28/2023 s. 111. ***Aboriginal person*** means a person who— (a) is descended from an Aboriginal or Torres Strait Islander; and (b) identifies as an Aboriginal or Torres Strait Islander; and (c) is accepted as an Aboriginal or Torres Strait Islander by an Aboriginal or Torres Strait Island community; *bail decision maker* inserted by No. 26/2017 s. 4(1), amended by Nos 26/2017 s. 15(1), 3/2018 s. 3(1). ***bail decision maker*** means any of the following empowered under this Act to grant bail, extend bail, vary the amount of bail or the conditions of bail or revoke bail— (a) a court; (b) a bail justice; (c) a police officer; (d) the sheriff or a person authorised under section 115(5) of the **Fines Reform Act 2014**; S. 3 def. of *bail guarantee* inserted by No. 28/2023 s. 42. ***bail guarantee*** means an undertaking, given by one or more persons, to pay a specified amount if there is— (a) a failure to comply with a bail undertaking or an undertaking given under section 16B (as the case requires); or (b) a failure to comply with a condition of the grant of bail in respect of which the undertaking referred to in paragraph (a) was given; S. 3 def. of *bail guarantor* inserted by No. 28/2023 s. 42. ***bail guarantor*** means a person who gives a bail guarantee; *bail justice* inserted by No. 51/1989 s. 142(a), substituted by No. 35/2002 s. 25(1), amended by No. 70/2010 s. 4(2), repealed by No. 32/2014 s. 56. *bail support service* inserted by No. 44/2013 s. 3, amended by Nos 28/2023 s. 71, 32/2024 s. 906(1). ***bail support service*** means a service provided to assist an accused to comply with the accused's bail undertaking or the conditions of the accused's bail (whether or not that type of service is also provided to persons other than an accused on bail) including, but not limited to— (a) bail support programs; (b) medical treatment; (c) counselling services or treatment services for substance abuse or other behaviour which may lead to commission of offences; (d) counselling, treatment, support or assistance services for one or more of the following— (i) a mental illness; (ii) an intellectual disability; (iii) an acquired brain injury; (iv) autism spectrum disorder; (v) a neurological impairment, including, but not limited to, dementia; (e) services to help resolve homelessness; S. 3 def. of *bail undertaking* inserted by No. 28/2023 s. 90(1). ***bail undertaking*** means an undertaking given under section 5(1); S. 3 def. of *child* inserted by No. 1/2016 s. 9, amended by No. 32/2024 s. 779. ***child*** has the same meaning as in the **Youth Justice Act 2024**; S. 3 def. of *cocaine* inserted by No. 89/1986 s. 4(a), repealed by No. 64/1998 s. 4. S. 3 def. of *conduct condition* inserted by No. 44/2013 s. 3, amended by No. 26/2017 s. 4(2)(a). ***conduct condition*** means a condition of bail imposed under section 5AAA(4); S. 3 def. of *court* amended by Nos 19/1989 s. 16(Sch. item 7.1), 51/1989 s. 142(b), 37/2014 s. 10(Sch. item 8.1(b)), repealed by No. 26/2017 s. 4(2)(b). S. 3 def. of *drug of dependence* inserted by No. 89/1986 s. 4(b). ***drug of dependence*** has the same meaning as in the **Drugs, Poisons and Controlled Substances Act 1981**; S. 3 def. of *electronic monitoring condition* inserted by No. 34/2025 s. 13(2). ***electronic monitoring condition*** means a condition of bail that— (a) requires the accused to wear an electronic device whose location is monitored; or (b) facilitates the monitoring of the accused by use of a device referred to in paragraph (a); S. 3 def. of *electronic monitoring conditions* inserted by No. 32/2024 s. 899, repealed by No. 34/2025 s. 13(1). S. 3 def. of *electronic signature* inserted by No. 11/2021 s. 24. ***electronic signature*** includes, but is not limited to— (a) a person confirming their agreement by electronically selecting an option indicating affirmation; or (b) a person providing a scanned or photographed copy of a document signed by hand; S. 3 def. of *family violence* inserted by No. 26/2017 s. 4(1). ***family violence*** has the same meaning as in the **Family Violence Protection Act 2008**; S. 3 def. of *family violence intervention order* inserted by No. 26/2017 s. 4(1). ***family violence intervention order*** has the same meaning as in the **Family Violence Protection Act 2008**; S. 3 def. of *family violence offence* inserted by No. 26/2017 s. 4(1). ***family violence offence*** means— (a) an offence against section 37(2), 37A(2), 123(2), 123A(2) or 125A(1) of the **Family Violence Protection Act 2008**; or (b) an offence where the conduct of the accused is family violence; S. 3 def. of *family violence safety notice* inserted by No. 26/2017 s. 4(1). ***family violence safety notice*** has the same meaning as in the **Family Violence Protection Act 2008**; S. 3 def. of *legal practitioner* inserted by No. 18/2005 s. 18(Sch. 1 item 9), amended by No. 17/2014 s. 160(Sch. 2 item 10). ***legal practitioner*** means an Australian legal practitioner; S. 3 def. of *heroin* inserted by No. 89/1986 s. 4(b), repealed by No. 64/1998 s. 4. S. 3 def. of *parent* inserted by No. 1/2016 s. 9. ***parent*** has the same meaning as in the **Children, Youth and Families Act 2005**; S. 3 def. of *Part 2A conditions* inserted by No. 34/2025 s. 13(2). ***Part 2A conditions*** means the conditions set out in section 17E; S. 3 def. of *police custody officer* inserted by No. 32/2024 s. 899. ***police custody officer*** has the same meaning as in the **Victoria Police Act 2013**; S. 3 def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 8.1(a)). ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; S. 3 def. of *prison* amended by Nos 10087 s. 3(1)(Sch. 1 item 4), 16/1987 s. 4(3)(Sch. 1 item 3), 56/1989 s. 286(Sch. 2 item 2.1), 48/2006 s. 42(Sch. item 4.1). ***prison*** includes remand centre or youth justice centre under the **Children, Youth and Families Act 2005** and any other place where persons may be detained in legal custody and ***imprisonment*** has a corresponding interpretation; S. 3 def. of *prosecutor* inserted by No. 3/2018 s. 3(2). ***prosecutor***, in relation to an application under this Act, includes the informant, a police prosecutor and any other person appearing on behalf of the Crown; S. 3 def. of *recognised DVO* inserted by No. 26/2017 s. 16(1). ***recognised DVO*** has the same meaning as in the **Family Violence Protection Act 2008**; S. 3 def. of *Schedule 1 offence* inserted by No. 26/2017 s. 4(2)(c). ***Schedule 1 offence*** means an offence specified in Schedule 1 and, if circumstances are specified in Schedule 1 in relation to that offence, means an offence committed in those circumstances; S. 3 def. of *Schedule 2 offence* inserted by No. 26/2017 s. 4(2)(c). ***Schedule 2 offence*** means an offence specified in Schedule 2 and, if circumstances are specified in Schedule 2 in relation to that offence, means an offence committed in those circumstances; S. 3 def. of *Schedule 4 offence* inserted by No. 34/2025 s. 6. ***Schedule 4 offence*** means— (a) an offence against a provision specified in an item of Part 1 of Schedule 4, being a provision of the Act specified in the heading to that item; or (b) an offence against a provision specified in an item of Part 2 of Schedule 4, being a provision of the Act of the Commonwealth specified in the heading to that item; or (c) an offence specified in an item of Part 3 or 4 of Schedule 4; S. 3 def. of *Schedule 5 offence* inserted by No. 34/2025 s. 6. ***Schedule 5 offence*** means an offence specified in Schedule 5; S. 3 def. of *section 17 notice* inserted by No. 11/2021 s. 24. ***section 17 notice*** means the written notice of conditions of bail required by section 17; S. 3 def. of *serious offence* inserted by No. 1/2016 s. 6, repealed by No. 3/2018 s. 23(1). S. 3 def. of *step 1—exceptional circum-stances test* inserted by No. 28/2023 s. 29. ***step 1—exceptional circumstances test***—see section 4A; S. 3 def. of *step 1—show compelling reason test* inserted by No. 28/2023 s. 29. ***step 1—show compelling reason test***—see section 4B; S. 3 def. of *step 1 test* inserted by No. 28/2023 s. 29. ***step 1 test*** means— (a) the step 1—exceptional circumstances test; or (b) the step 1—show compelling reason test; S. 3 def. of *step 2—unacceptable risk test* inserted by No. 28/2023 s. 29. ***step 2—unacceptable risk test***—see section 4D; S. 3 def. of *surrounding circum-stances* inserted by No. 3/2018 s. 3(2). ***surrounding circumstances***—see section 3AAA; S. 3 def. of *terrorism or foreign incursion offence* inserted by No. 32/2018 s. 80(1). ***terrorism or foreign incursion offence*** means an offence against— (a) section 4B of the **Terrorism (Community Protection) Act 2003**; or (b) a provision of another State or a Territory that corresponds to section 4B of the **Terrorism (Community Protection) Act 2003**; or (c) a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth; or (d) a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth; or (e) a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal; S. 3 def. of *terrorism record* inserted by No. 32/2018 s. 80(1). ***terrorism record***—see section 3AAB; S. 3 def. of *terrorism-related order* inserted by No. 32/2018 s. 80(1). ***terrorism-related order*** means— (a) a control order within the meaning of Part 5.3 of the Criminal Code of the Commonwealth; or (b) a continuing detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or (c) an interim detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or (d) a preventative detention order within the meaning of Part 2A of the **Terrorism (Community Protection) Act 2003**; or (e) a prohibited contact order within the meaning of Part 2A of the **Terrorism (Community Protection) Act 2003**; or (f) an order made under a corresponding preventative detention law within the meaning of Part 2A of the **Terrorism (Community Protection) Act 2003**; S. 3 def. of *terrorism risk information* inserted by No. 32/2018 s. 80(1). ***terrorism risk information***—see section 3AAC; S. 3 def. of *terrorist act* inserted by No. 1/2016 s. 3. ***terrorist act*** has the same meaning as in the **Terrorism (Community Protection) Act 2003**; S. 3 def. of *terrorist organisation* inserted by No. 1/2016 s. 3, substituted by No. 32/2018 s. 80(2). ***terrorist organisation*** has the same meaning as in Division 102 of the Criminal Code of the Commonwealth; S. 3 def. of *unacceptable risk test* inserted by No. 3/2018 s. 3(2). ***unacceptable risk test***—see section 4E; S. 3 def. of *undertaking* amended by No. 68/2009 s. 97(Sch. items 11.1, 11.2), substituted by No. 26/2017 s. 4(2)(d), amended by No. 3/2018 s. 3(3), repealed by No. 28/2023 s. 90(2). S. 3 def. of *vulnerable adult* inserted by No. 3/2018 s. 3(2). ***vulnerable adult***—see section 3AAAA. S. 3AAAA inserted by No. 3/2018 s. 4. 3AAAA Meaning of *vulnerable adult* (1) For the purposes of this Act, a person is a ***vulnerable adult*** if the person is 18 years of age or more and has a cognitive, physical or mental health impairment that causes the person to have difficulty in— (a) understanding their rights; or (b) making a decision; or (c) communicating a decision. (2) A bail decision maker may consider a person to be a vulnerable adult even if the bail decision maker cannot identify the particular impairment referred to in subsection (1). S. 3AAA inserted by No. 3/2018 s. 5, amended by No. 32/2018 s. 81(1)(2) (ILA s. 39B(1)). 3AAA Surrounding circumstances (1) If this Act provides, in relation to a matter, that a bail decision maker must take into account the surrounding circumstances, the bail decision maker must take into account all the circumstances that are relevant to the matter including, but not limited to, the following— S. 3AAA (1)(aa) inserted by No. 28/2023 s. 36. (aa) whether, if the accused were found guilty of the offence with which the accused is charged, it is likely— (i) that the accused would be sentenced to a term of imprisonment; and (ii) if so, that the time the accused would spend remanded in custody if bail is refused would exceed that term of imprisonment; (a) the nature and seriousness of the alleged offending, including whether it is a serious example of the offence; (b) the strength of the prosecution case; (c) the accused's criminal history; S. 3AAA(1)(d) amended by No. 32/2024 s. 906(2). (d) the extent to which the accused has complied with— S. 3AAA (1)(d)(i) inserted by No. 32/2024 s. 906(2). (i) the conditions of any earlier grant of bail; or S. 3AAA (1)(d)(ii) inserted by No. 32/2024 s. 906(2). (ii) any earlier bail undertaking; (e) whether, at the time of the alleged offending, the accused— (i) was on bail for another offence; or (ii) was subject to a summons to answer to a charge for another offence; or (iii) was at large awaiting trial for another offence; or S. 3AAA (1)(e)(iiia) inserted by No. 28/2023 s. 37. (iiia) was on remand for another offence; or S. 3AAA (1)(e)(iiib) inserted by No. 28/2023 s. 37. (iiib) was at large awaiting sentence for another offence; or (iv) was released under a parole order; or (v) was subject to a community correction order made in respect of, or was otherwise serving a sentence for, another offence; (f) whether there is in force— (i) a family violence intervention order made against the accused; or (ii) a family violence safety notice issued against the accused; or (iii) a recognised DVO made against the accused; S. 3AAA(1)(g) amended by No. 34/2025 s. 17(1). (g) the accused's personal circumstances, including— S. 3AAA (1)(g)(i) inserted by No. 34/2025 s. 17(1). (i) the caring responsibilities that the accused has (if any); and S. 3AAA (1)(g)(ii) inserted by No. 34/2025 s. 17(1). (ii) the accused's associations, home environment and background; S. 3AAA(1)(h) substituted by No. 28/2023 s. 38. (h) any special vulnerability of the accused, including— (i) being an Aboriginal person; or (ii) being a child; or S. 3AAA (1)(h)(iia) inserted by No. 34/2025 s. 17(2). (iia) being pregnant; or (iii) experiencing any ill health, including mental illness; or (iv) having a disability, including physical disability, intellectual disability and cognitive impairment; The bail decision maker is required to take certain issues into account if the accused is an Aboriginal person—see section 3A. Further, the bail decision maker is required to take certain issues into account if the accused is a child—see section 3B. The bail decision maker is required to take all these issues into account if the accused is both an Aboriginal person and a child. (i) the availability of treatment or bail support services; Note to s. 3AAA(1)(i) inserted by No. 28/2023 s. 32. If the accused is an Aboriginal person, see also section 5AAA(4A). S. 3AAA(1)(ia) inserted by No. 32/2024 s. 900, amended by No. 34/2025 s. 16(1). (ia) if the bail decision maker is making an applicable decision within the meaning of Part 2A, the availability of Part 2A conditions; (j) any known view or likely view of an alleged victim of the offending on the grant of bail, the amount of bail or the conditions of bail; (k) the length of time the accused is likely to spend in custody if bail is refused; (l) the likely sentence to be imposed should the accused be found guilty of the offence with which the accused is charged; S. 3AAA(1)(m) substituted by No. 32/2018 s. 81(1). (m) whether the accused has expressed support for— (iii) the provision of resources to a terrorist organisation; S. 3AAA(1)(n) inserted by No. 32/2018 s. 81(1). (n) subject to subsection (2), whether the accused has, or has had, an association with— (i) another person or a group that has expressed support of the kind referred to in paragraph (m); or (ii) another person or a group that is directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or (iii) a terrorist organisation. S. 3AAA(2) inserted by No. 32/2018 s. 81(2). (2) A bail decision maker must not take into account the accused having, or having had, an association referred to in subsection (1)(n)(i), (ii) or (iii) unless the bail decision maker is satisfied that the accused knew— (a) that the person or group had expressed support for— (b) that the person or group was directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or (c) that the group was a terrorist organisation. S. 3AA inserted by No. 3/2018 s. 5. 3AA Offence that is both a Schedule 1 and a Schedule 2 offence For the purposes of this Act, an offence that is both a Schedule 1 offence and a Schedule 2 offence must be taken to be a Schedule 1 offence. S. 3AAB inserted by No. 32/2018 s. 82. 3AAB Meaning of *terrorism record* For the purposes of this Act, a person has a ***terrorism record*** if the person— (a) has been convicted of a terrorism or foreign incursion offence; or (b) is or has been subject to a terrorism-related order. S. 3AAC inserted by No. 32/2018 s. 82. 3AAC Meaning of *terrorism risk information* (1) For the purposes of this Act, ***terrorism risk information*** in respect of a person means— (a) an assessment made by an entity specified in subsection (2) that there is a risk that the person will commit a terrorism or foreign incursion offence; and (b) the information relied on in making that assessment. (2) The specified entities are— (a) the Australian Crime Commission (by whatever name described) established by the Australian Crime Commission Act 2002 of the Commonwealth; and (b) Victoria Police; and (c) the Australian Federal Police; and (d) the Australian Security and Intelligence Organisation; and S. 3AAC(2)(e) amended by No. 28/2023 s. 110(1). (e) the Department of Justice and Community Safety; and (f) the police force or police service of another State or a Territory; and (g) the Department of Home Affairs of the Commonwealth; and (h) each prescribed entity. (3) Without limiting subsection (1)(b), the information referred to in that provision may include— (a) information regarding the person having expressed support for— (b) information regarding the person having, or having had, an association with— (i) another person or a group that has expressed support of the kind referred to in paragraph (a); or (ii) another person or a group that is directly or indirectly engaged in, preparing for, planning, assisting in or fostering the doing of a terrorist act; or (iii) a terrorist organisation. Section 8AA(4) prevents a court from having regard to information referred to in paragraph (b) unless the court is satisfied that the person knew certain matters about the person or group that the association is with. See also section 3AAA(2). S. 3A inserted by No. 70/2010 s. 5, amended by No. 26/2017 s. 14(1), substituted by No. 28/2023 s. 33.