Schedule 5—Exceptions to section 4AA(4A) (with thresholds)
Section 4AA(4A) provides for a person to be subject to the step 1—show compelling reason test if the person is accused of committing a later indictable offence while on bail for an earlier indictable offence. Section 4AA(4A)(d) and (4C) provide that the person will not be subject to that test if the later indictable offence is an offence in this Schedule and the prosecutor does not satisfy the bail decision maker that the threshold set out for that offence is met.
Part 1—Offences against Victorian Acts
1 Crimes Act 1958 (theft)
(1) The offence specified by this item is an offence against section 74 of the Crimes Act 1958.
(2) The threshold for that offence is met for the purposes of section 4AA(4C)(b) if—
(a) a motor vehicle (within the meaning of section 73 of the Crimes Act 1958) is alleged to have been stolen; or
(b) the value of what is alleged to have been stolen is at least $2500.
2 Crimes Act 1958 (destroying or damaging property)
(1) The offences specified by this item are—
(a) an offence against section 197(1) of the Crimes Act 1958 that is not charged as arson; and
(b) an offence against section 197(3) of that Act that is not charged as arson.
An offence against section 197(2) charged as arson is a Schedule 2 offence. See item 22(d) of that Schedule.
(2) The threshold for any of those offences is met for the purposes of section 4AA(4C)(b) if—
(a) where it is alleged that property was damaged, the cost of repairing the damage (excluding any damage caused by the property having been marked with graffiti) is at least $5000; or
(b) where it is alleged that property was destroyed, the value of the destroyed property is at least $5000.
(3) In this item—
marked with graffiti is to be interpreted in accordance with the definition of mark graffiti in section 3 of the Graffiti Prevention Act 2007.
3 Drugs, Poisons and Controlled Substances Act 1981 (possession of a drug of dependence)
(1) The offence specified by this item is an offence against section 73 of the Drugs, Poisons and Controlled Substances Act 1981.
(2) The threshold for that offence is met for the purposes of section 4AA(4C)(b) if the quantity of the drug of dependence, the possession or attempted possession of which is alleged, is not less than the traffickable quantity applicable to that drug.
(3) In this item—
traffickable quantity has the same meaning as in Part V of the Drugs, Poisons and Controlled Substances Act 1981.
Part 2—Inchoate offences
4 Conspiracy or incitement
(1) The offence specified by this item is an offence of conspiracy or incitement to commit an offence (the base offence) referred to in another Part of this Schedule.
(2) The threshold for the offence specified by this item is met for the purposes of section 4AA(4C)(b) if—
(a) where the base offence is committed, the threshold for the base offence is met; or
(b) where the base offence is not committed, the threshold for the base offence would have been met if it had been committed.
5 Attempt
(1) The offence specified by this item is an offence of attempting to commit an offence (the base offence) referred to in another Part of this Schedule.
(2) The threshold for the offence specified by this item is met for the purposes of section 4AA(4C)(b) if the threshold for the base offence would have been met if it had been committed.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Bail Act 1977 was assented to on 10 May 1977 and came into operation on 1 September 1977: Government Gazette 17 August 1977 page 2654.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Bail Act 1977 by Acts and subordinate instruments.
| Assent Date: | 10.5.77 |
| Commencement Date: | S. 34D inserted on 25.4.20 by No. 11/2020 s. 24: s. 2 (as amended by No. 27/2020 s. 19) |
| Note: | S. 34D repealed Pt 6 (ss 34A–34D) on 26.4.21 |
Statute Law Revision Act 1977, No. 9059/1977
| Assent Date: | 29.11.77 |
| Commencement Date: | 29.11.77: subject to s. 2 |
Age of Majority Act 1977, No. 9075/1977
| Assent Date: | 6.12.77 |
| Commencement Date: | 1.2.78: Government Gazette 11.1.78 p. 97 |
Bail (Amendment) Act 1978, No. 9158/1978
| Assent Date: | 30.5.78 |
| Commencement Date: | 1.10.78: Government Gazette 6.9.78 p. 2869 |
Statute Law Revision Act 1980, No. 9427/1980
| Assent Date: | 27.5.80 |
| Commencement Date: | 27.5.80: subject to s. 6(2) |
Penalties and Sentences Act 1981, No. 9554/1981
| Assent Date: | 19.5.81 |
| Commencement Date: | S. 44 on 26.9.80: s. 1(3); ss 1, 36–46 on 3.6.81: Government Gazette 3.6.81 p. 1778; rest of Act on 1.9.81: Government Gazette 26.8.81 p. 2799 |
Director of Public Prosecutions Act 1982, No. 9848/1982
| Assent Date: | 21.12.82 |
| Commencement Date: | Ss 1–8, 17 on 12.1.83: Government Gazette 12.1.83 p. 80; rest of Act on 1.6.83: Government Gazette 11.5.83 p. 1146 |
Statute Law Revision (Repeals) Act 1982, No. 9863/1982
| Assent Date: | 22.5.84 |
| Commencement Date: | 1.7.84: Government Gazette 27.6.84 p. 2119 |
Statute Law Revision Act 1984, No. 10087/1984
| Assent Date: | 22.5.84 |
| Commencement Date: | 22.5.84: subject to s. 3(2) |
Coroners Act 1985, No. 10257/1985
| Assent Date: | 10.12.85 |
| Commencement Date: | Ss 1–3, Pt 9 on 12.2.86: Government Gazette 12.2.86 p. 382; rest of Act on 1.6.86: Government Gazette 30.4.86 p. 1115 |
Courts Amendment Act 1986, No. 16/1986
| Assent Date: | 22.4.86 |
| Commencement Date: | Ss 1–11, 13–27, 29–34 on 1.7.86: Government Gazette 25.6.86 p. 2180; s. 28 on 1.9.86: Government Gazette 27.8.86 p. 3201; s. 12 on 1.1.88: Government Gazette 7.10.87 p. 2701 |
Bail (Amendment) Act 1986, No. 89/1986
| Assent Date: | 16.2.86 |
| Commencement Date: | Pts 1, 2 on 15.2.87: Government Gazette 11.2.87 p. 291; Pt 3 on 3.8.87: Government Gazette 24.6.87 p. 1600 |
Community Services Act 1987, No. 16/1987
| Assent Date: | 12.5.87 |
| Commencement Date: | Ss 1–6, 9–13, Sch. 1 on 22.2.89: Government Gazette 22.2.89 p. 386; Sch. 2 items 1–13 on 15.3.89: Government Gazette 15.3.89 p. 587; rest of Act on 25.6.92: Government Gazette 24.6.92 p. 1532 |
County Court (Amendment) Act 1989, No. 19/1989
| Assent Date: | 16.5.89 |
| Commencement Date: | 16.5.89: Government Gazette 26.7.89 p. 1858 |
Magistrates' Court Act 1989, No. 51/1989
| Commencement Date: | S. 16(4) on 15.6.89: Special Gazette (No. 32) 15.6.89 p. 1; ss 16(5), 52, 141(3)(a)–(f) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.1.90: Government Gazette 25.7.90 p. 2216 |
Children and Young Persons Act 1989, No. 56/1989
| Commencement Date: | S. 286 on 31.1.91: Special Gazette (No. 9) 31.1.91 p. 2; Sch. 2 item 2.1 on 23.9.91: Government Gazette 28.8.91 p. 2368; Sch. 2 items 2.2 and 2.3 on 30.9.92: Government Gazette 26.8.92 p. 2470 |
| Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |
Medical Practice Act 1994, No. 23/1994
| Assent Date: | 17.5.94 |
| Commencement Date: | Ss 1, 2 on 17.5.94; rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672 |
Crimes (Amendment) Act 1994, No. 95/1994
| Assent Date: | 13.12.94 |
| Commencement Date: | Pt 1 (ss 1, 2) on 13.12.94; ss 3–10 on 23.1.95: Government Gazette 19.1.95 p. 121; rest of Act on 13.6.95: s. 2(3) |
Legal Practice Act 1996, No. 35/1996
| Assent Date: | 6.11.96 |
| Commencement Date: | S. 453(Sch. 1 items 8.1–8.3) on 1.1.97: s. 2(3) |
Sentencing and Other Acts (Amendment) Act 1997, No. 48/1997
| Assent Date: | 11.6.97 |
| Commencement Date: | Ss 48, 49 on 1.9.97: s. 2(2) |
Law and Justice Legislation (Further Amendment) Act 1997, No. 84/1997
| Assent Date: | 2.12.97 |
| Commencement Date: | Ss 3–10 on 1.1.98: s. 2(2) |
| Assent Date: | 6.9.11 |
| Commencement Date: | S. 6 on 28.11.11: Special Gazette (No. 379) 22.11.11 p. 1 |
Justice Legislation Amendment (Family Violence and Other Matters) Act 2012, No. 83/2012
| Assent Date: | 18.12.12 |
| Commencement Date: | S. 31(1) on 17.4.13: Special Gazette (No. 141) 16.4.13 p. 2 |
Bail Amendment Act 2013, No. 44/2013
| Assent Date: | 27.8.13 |
| Commencement Date: | 20.12.13: Special Gazette (No. 419) 26.11.13 p. 1 |
| Current State: | All of Act in operation |
Legal Profession Uniform Law Application Act 2014, No. 17/2014
| Assent Date: | 25.3.14 |
| Commencement Date: | S. 160(Sch. 2 item 10) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |
Honorary Justices Act 2014, No. 32/2014
| Assent Date: | 13.5.14 |
| Commencement Date: | S. 56 on 1.9.14: s. 2(2) |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
| Assent Date: | 3.6.14 |
| Commencement Date: | S. 10(Sch. item 8) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
Fines Reform Act 2014, No. 47/2014 (as amended by No. 59/2017)
| Assent Date: | 1.7.14 |
| Commencement Date: | Ss 250, 251 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1 |
Crimes Amendment (Abolition of Defensive Homicide) Act 2014, No. 63/2014
| Assent Date: | 9.9.14 |
| Commencement Date: | S. 7(1)(2) on 1.11.14: Special Gazette (No. 350) 7.10.14 p. 1 |
Serious Sex Offenders (Detention and Supervision) and Other Acts Amendment Act, No. 52/2015
| Assent Date: | 13.10.15 |
| Commencement Date: | Ss 40, 41 on 14.10.15: s. 2(1) |
Bail Amendment Act 2016, No. 1/2016
| Assent Date: | 16.2.16 |
| Commencement Date: | Ss 3–17 on 2.5.16: Special Gazette (No. 103) 19.4.16 p. 1 |
Crimes Amendment (Carjacking and Home Invasion) Act 2016, No. 50/2016
| Assent Date: | 18.10.16 |
| Commencement Date: | S. 7 on 7.12.16: Special Gazette (No. 375) 6.12.16 p. 1 |
Sentencing (Community Correction Order) and Other Acts Amendment Act 2016, No. 65/2016
| Assent Date: | 15.11.16 |
| Commencement Date: | Ss 18, 19 on 20.3.17: Special Gazette (No. 17) 31.1.17 p. 1 |
Bail Amendment (Stage One) Act 2017, No. 26/2017
| Assent Date: | 27.6.17 |
| Commencement Date: | Ss 3–10, 12–14(9), 14(11)–16 on 21.5.18: Special Gazette (No. 218) 15.5.18 p. 1, ss 11, 14(10) on 1.7.18: s. 2(2) |
Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017, No. 43/2017
| Assent Date: | 26.9.17 |
| Commencement Date: | S. 37 on 26.2.18: Special Gazette (No. 406) 28.11.17 p. 1; s. 38 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 1 |
Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017
| Assent Date: | 26.9.17 |
| Commencement Date: | S. 50 on 1.4.18: Special Gazette (No. 136) 27.3.18 p. 3 |
Corrections Legislation Further Amendment Act 2017, No. 64/2017
| Assent Date: | 19.12.17 |
| Commencement Date: | S. 28 on 20.12.17: s. 2(1) |
Crimes Legislation Amendment (Protection of Emergency Workers and Others) Act 2017, No. 65/2017
| Assent Date: | 19.12.17 |
| Commencement Date: | S. 20 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 1; ss 21, 22 on 21.5.18: Special Gazette (No. 218) 15.5.18 p. 1 |
Bail Amendment (Stage Two) Act 2018, No. 3/2018
| Assent Date: | 27.2.18 |
| Commencement Date: | S. 28 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 1, ss 3–24 on 1.7.18: Special Gazette (No. 218) 15.5.18 p. 1 |
Oaths and Affirmations Act 2018, No. 6/2018
| Assent Date: | 27.2.18 |
| Commencement Date: | S. 68(Sch. 2 item 13) on 1.3.19: s. 2(2) |
Serious Offenders Act 2018, No. 27/2018
| Assent Date: | 26.6.18 |
| Commencement Date: | S. 352 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1 |
| Assent Date: | 10.9.24 |
| Commencement Date: | Ss 903D−904 on 11.9.24: s. 2(1AA); ss 903A–903C on 2.12.24: s. 2(1A); ss 899–903 on 22.4.25: Special Gazette (No. 149) 1.4.25 p. 1; ss 779, 780, 905, 906 on 30.9.25: s. 2(2) |
Bail Amendment Act 2025, No. 8/2025
| Assent Date: | 25.3.25 |
| Commencement Date: | Ss 4–10, 13 on 26.3.25: Special Gazette (No. 138) 25.3.25 p. 1; ss 11, 12 on 26.8.25: Special Gazette (No. 436) 19.8.25 p. 1 |
Justice Legislation Amendment (Anti‐vilification and Social Cohesion) Act 2025, No. 11/2025
| Assent Date: | 8.4.25 |
| Commencement Date: | S. 40 on 9.4.25: s. 2(1) |
Bail Further Amendment Act 2025, No. 34/2025
| Assent Date: | 2.9.25 |
| Commencement Date: | Ss 4, 5, 13–21 on 30.9.25: Special Gazette (No. 518) 23.9.25 p. 1; ss 6–12 on 31.3.26: s. 2(2) |
S. 4 amended by Nos 9158 s. 2, 9690 s. 2, 10002 s. 8(3), 10084 s. 18(1)(a), 10087 s. 3(1)(Sch. 1 item 4), 16/1986 s. 30, 89/1986 s. 4(c)–(e), 16/1987 s. 12(Sch. 2 item 3(a)), 19/1989 s. 16(Sch. item 7.2), 51/1989 s. 142(c)(d), 57/1989 s. 4(1)(a)(b), 95/1994 s. 7, 48/1997 s. 48, 84/1997 s. 4, 64/1998 s. 5, 61/2001 s. 13(1)(2), 35/2002 s. 28(Sch. item 1), 10/2003 s. 10, 20/2004 s. 10, 93/2005 s. 13, 52/2008 s. 233, 68/2008 s. 63, 68/2009 s. 97(Sch. item 11.1), 53/2010 s. 221(Sch. item 1), 70/2010 s. 7, 83/2012 s. 31(1), 63/2014 s. 7(1)(2), 52/2015 s. 40, 1/2016 ss 4, 5, 7, 50/2016 s. 7, 26/2017 ss 5, 16(2), 65/2017 s. 20, substituted by No. 3/2018 s. 7. ↑
S. 5(3): The amendments proposed by section 286(Sch. 2 item 2.3) of the Children and Young Persons Act 1989, No. 56/1989 are not included in this publication because section 5(3) was repealed by the Community Services Act 1987, No. 16/1987. ↑
S. 24(3)(a): The amendment proposed by section 103(3)(b)(iii) of the Bail Amendment Act 2023, No. 28/2023 was not included in this publication because the words "original undertaking or a new undertaking" did not appear in section 24(3)(a) at the time section 103(3)(b)(iii) of No. 28/2023 commenced.