BAIL REGULATIONS 1983 (Northern Territory)

These Regulations (Bail Regulations 1983, as in force at 10 February 2026) perform three discrete mechanical functions for the operation of bail under the Bail Act 1982 and related Acts. First, they supply procedural and documentary detail that the Bail Act requires courts and parties to use, by prescribing forms (Schedule, Forms 1-5) and prescribing which forms apply to specified sections of the Act (reg 3(2)). Second, they prescribe particular offences for the operation of s 3B of the Bail Act (reg 2A), and define the range of services that qualify as bail support services for s 24A(3) (reg 2B). Third, and most substantively, they establish a drug and alcohol testing regime applicable where a condition of bail is a conduct agreement that prohibits alcohol or drug use and that contains an ancillary testing requirement (Part 3, regs 7-21). That regime sets out who may require and carry out tests, what tests may be used (breath test, breath analysis, saliva, urine, blood), how samples are to be taken and analysed, powers to detain or arrest for the purposes of testing, evidentiary treatment of analyst and police certificates, and liability protection for health practitioners and analysts (regs 7, 8, 9-18, 19-21).

Mechanically, the testing regime operates as follows. Part 3 applies when a bail condition requires compliance with a conduct agreement that (a) prohibits alcohol or a drug other than a medically prescribed drug, and (b) contains an ancillary testing provision permitting authorised persons to monitor compliance (reg 7). Under that framework an authorised person can give a "reasonable direction" to the subject person to submit to breath, saliva or urine tests (regs 9(1), 13(1), 14(1)). For certain triggers (failure to provide sufficient breath sample, or reasonable suspicion arising from a breath test or other grounds) an authorised person may require a breath analysis and may detain or arrest the subject person for the purpose of conducting the analysis (reg 10). Where breath/saliva/urine testing is unsuccessful, or where there is suspicion following testing, an authorised person may require a blood sample (reg 15). Blood may be taken by a registered health practitioner or by a "qualified person" (trained to take blood) and may be taken whether or not the subject person consents; the sample becomes the property of the Territory (reg 16). Analysis of saliva, urine and blood must be carried out by an analyst appointed under the Traffic Act 1987 or Misuse of Drugs Act 1990 as defined in reg 8(1) and required by reg 17. Certificates signed by the Commissioner of Police, an authorised person, an analyst or an analyst's employee are admissible as evidence of the matters they state (reg 18). The Regulations authorise police officers to conduct breath tests, saliva tests and urine tests (reg 19(1)), and authorise the Commissioner of Police to authorise non-police persons to perform tests and breath analyses if training and competence criteria are met (reg 20). Finally, the Regulations contain protection from civil or criminal liability for health practitioners, qualified persons and analysts acting in good faith (reg 21).

NORTHERN TERRITORY OF AUSTRALIA BAIL REGULATIONS 1983 As in force at 10 February 2026 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 Part 2 General matters 2 Definitions ........................................................................................ 1 2A Prescribed offences ......................................................................... 1 2B Bail support services ....................................................................... 2 3 Forms .............................................................................................. 3 5 Form and manner of request ........................................................... 3 6 Request for review may be heard ex parte ...................................... 4 Part 3 Drug and alcohol testing Division 1 General matters 7 Application of Part ........................................................................... 4 8 Interpretation ................................................................................... 4 Division 2 Testing for alcohol in breath 9 Breath test ....................................................................................... 5 10 Breath analysis ................................................................................ 6 11 Conducting breath analyses ............................................................ 6 12 Breath analysis indicates alcohol in breath ...................................... 6 Division 3 Testing for prohibited drug 13 Saliva test ........................................................................................ 7 14 Urine test ......................................................................................... 7 Division 4 Blood sample 15 Requirement to provide sample of blood ......................................... 8 16 Taking sample of blood ................................................................... 9 Division 5 Other matters for this Part 17 Analysis of samples ......................................................................... 9 18 Evidence by certificate ................................................................... 10

Bail Regulations 1983 ii 19 Police officers who may carry out breath tests, saliva tests, urine tests or breath analyses........................................................ 11 20 Persons other than police officers who may carry out breath tests, saliva tests, urine tests or breath analyses .......................... 11 21 Protection from liability of health practitioners and analysts .......... 12 Schedule ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 10 February 2026

BAIL REGULATIONS 1983 Regulations under the Bail Act 1982 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Bail Regulations 1983. Part 2 General matters 2 Definitions In these Regulations: analyst, for Part 3, see regulation 8(1). breath analysis, for Part 3, see regulation 8(1). breath analysis instrument, for Part 3, see regulation 8(1). breath test, for Part 3, see regulation 8(1). health practitioner, for Part 3, see regulation 8(1). qualified person, for Part 3, see regulation 8(1). saliva test, for Part 3, see regulation 8(1). subject person, for Part 3, see regulation 7(b). urine test, for Part 3, see regulation 8(1). 2A Prescribed offences For section 3B of the Act, an offence under or against each of the following is prescribed: (a) section 54, 55(1), 65, 66, 69, 125B(1), 156, 160, 161A, 165, 174C, 174D, 174E, 174F, 174FA, 174FB, 175, 176, 177, 181, 182, 186, 188(2), 188A, 189A, 190, 191, 193B, 194, 208H,

Part 2 General matters Bail Regulations 1983 2 208HA, 208HB, 208HC, 208J, 208JA, 208JB, 208JC, 208JD, 208JE, 208JF, 208MA, 217, 218, 220, 221, 228AB, 241 or 243 of the Criminal Code; (ba) an offence against section 210, 211, 212, 213 or 218 of the Criminal Code, as in force immediately before the commencement of section 10 of the Criminal Code Amendment (Property Offences) Act 2022; (bb) section 127, 130(3A) or (3B), 132, 134, 188(2)(k), 192(3), (4), (7) or (8) or 192B of the Criminal Code as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023; (c) section 120 of the Domestic and Family Violence Act 2007. 2B Bail support services For section 24A(3) of the Act, a bail support service is a service provided to assist an accused person to comply with the accused person's bail undertaking and any conditions of bail (whether or not that type of service is also provided to other persons), including the following: (a) bail support programs; (b) medical treatment; (c) counselling services or treatment services for substance abuse or other behaviour which may lead to the commission of offences; (d) counselling, treatment, support, assessment or assistance services for one or more of the following: (i) a mental disorder, disability or difficulty; (ii) an intellectual disability; (iii) an acquired brain injury; (iv) autism spectrum disorder; (v) a neurological impairment, including dementia; (e) services to help resolve homelessness; (f) case planning or case management services; (g) educational programs;

Part 2 General matters Bail Regulations 1983 3 (h) cultural programs. 3 Forms (1) A reference in these Regulations to a form by number is a reference to a form so numbered in the Schedule. (2) Pursuant to section 53(2)(f) of the Act, for the purposes of the section or sections of the Act specified in each of the following paragraphs, the form specified in that paragraph is the form to be used: (a) sections 25(1), 27(1), (2), 29 and 30(1) – Form 1; (b) section 27(2)(b), (4) and (5) – Form 2; (c) section 31(1) – Form 3; and (d) section 31(2)(a) – Form 4. (3) A form referred to in subregulation (2) shall be completed in accordance with such directions and instructions as are specified in the form. (4) If rules of court prescribe the manner in which an application for bail or for review of bail may be made to a court, the application is to be made in accordance with those rules. 5 Form and manner of request (1A) If rules of court specify how a request under Part 6, Division 2 is to be made to a court, the request is to be made in accordance with those rules. (1B) Subregulations (1), (2) and (3) apply if the rules of the court do not specify how a request under that Division is to be made. (1) A request under Part 6, Division 2 of the Act for the review of a bail decision shall be in accordance with Form 5. (2) A request for a review shall be supported by an affidavit succinctly setting out the background of the request and those matters considered by the person making the request to be relevant to the application. (3) A copy of the request for a review and the supporting affidavit shall be served on the accused person or the accused person's legal practitioner or, where the person making the request is the accused person, on the Director of Public Prosecutions.

Part 3 Drug and alcohol testing Division 1 General matters Bail Regulations 1983 4 6 Request for review may be heard ex parte The request for a review by a police officer or the Director of Public Prosecutions may be heard ex parte if the court is satisfied that the accused person is avoiding service of documents on him or her which are otherwise required by regulation 5(3) or rules of court to be served or other difficulties are encountered in locating or serving the accused person or the accused person's legal practitioner. Part 3 Drug and alcohol testing Division 1 General matters 7 Application of Part This Part applies if: (a) a condition of an accused person's bail is that the person complies with a conduct agreement; and (b) the conduct agreement: (i) prohibits the person (the subject person) from consuming alcohol or using a drug (other than a drug as prescribed by a health practitioner); and (ii) includes an ancillary provision requiring that the subject person submit to testing by an authorised person to monitor compliance with the prohibition. 8 Interpretation (1) In this Part: analyst means either of the following: (a) a person authorised to be an analyst under section 19C of the Traffic Act 1987; (b) a person appointed under section 3(8) of the Misuse of Drugs Act 1990. breath analysis means an analysis of a sample of a person's breath by a breath analysis instrument to ascertain the concentration of alcohol in the person's breath. breath analysis instrument means an apparatus that is a prescribed breath analysis instrument under regulation 56 of the Traffic Regulations 1999.

Part 3 Drug and alcohol testing Division 2 Testing for alcohol in breath Bail Regulations 1983 5 breath test means a test of a sample of a person's breath to assess whether alcohol may be present in the person's breath. health practitioner means a person registered under the Health Practitioner Regulation National Law to practise in a health profession (other than as a student). qualified person means a person who has been trained to take samples of blood from persons by a registered training organisation (as defined in section 3 of the National Vocational Education and Training Regulator Act 2011 (Cth)). saliva test means a test of a sample of a person's saliva to ascertain whether a drug, the use of which is prohibited under a conduct agreement applying to the person, may be present in the person's body. urine test means a test of a sample of a person's urine to ascertain whether a drug, the use of which is prohibited under a conduct agreement applying to the person, may be present in the person's body. (2) For this Part, anything done by a person acting under the supervision or direction of a health practitioner or analyst is taken to have been done by the health practitioner, or analyst, as the case may be. Division 2 Testing for alcohol in breath 9 Breath test (1) A subject person must comply with: (a) a reasonable direction by an authorised person to submit to a breath test to assess whether the subject person may have alcohol in his or her breath; and (b) the directions given by the authorised person about submitting to the breath test. (2) For a direction mentioned in subregulation (1)(a) to be reasonable, it is not necessary that the authorised person suspects that the subject person has consumed alcohol.

Part 3 Drug and alcohol testing Division 2 Testing for alcohol in breath Bail Regulations 1983 6 10 Breath analysis (1) This regulation applies if an authorised person: (a) requires a subject person to submit to a breath test and the subject person fails to provide a sufficient sample of breath for the completion of the test; or (b) suspects on reasonable grounds, whether as a result of a breath test or otherwise, that the subject person may have consumed alcohol. (2) The subject person must comply with: (a) a reasonable direction by an authorised person to submit to a breath analysis to determine the concentration of alcohol in the subject person's breath; and (b) the directions given by the authorised person, or another authorised person, about submitting to the breath analysis. (3) A police officer may detain, and if necessary arrest, a subject person for the following purposes: (a) conducting a breath analysis; (b) taking the subject person to a place where a breath analysis is to be carried out. 11 Conducting breath analyses An authorised person must not use a breath analysis instrument under this Part unless the person is authorised as mentioned in regulation 19(2) or 20(1)(b) to carry out breath analyses under these Regulations. 12 Breath analysis indicates alcohol in breath If an analysis of a subject person's breath by a breath analysis instrument indicates the subject person has alcohol in his or her breath, the authorised person who operated the instrument must give to the subject person without delay a written statement (or a statement printed by the instrument) stating: (a) the date the sample of breath was taken and analysed; and (b) the time of the breath analysis; and (c) the results of the analysis.

Part 3 Drug and alcohol testing Division 3 Testing for prohibited drug Bail Regulations 1983 7 Division 3 Testing for prohibited drug 13 Saliva test (1) A subject person must comply with: (a) a reasonable direction by an authorised person to submit to a saliva test to assess whether the subject person may have a drug, the use of which is prohibited under a conduct agreement applying to the person, in his or her body; and (b) the directions given by the authorised person about submitting to the saliva test. (2) For a direction mentioned in subregulation (1)(a) to be reasonable, it is not necessary that the authorised person suspects that the subject person has used a drug, the use of which is prohibited under a conduct agreement applying to the person. (3) A police officer may detain, and if necessary arrest, a subject person for the following purposes: (a) conducting a saliva test; (b) taking the subject person to a place where a saliva test is to be carried out. 14 Urine test (1) A subject person must comply with: (a) a reasonable direction by an authorised person to submit to a urine test to assess whether the subject person may have a drug, the use of which is prohibited under a conduct agreement applying to the person, in his or her body; and (b) the directions given by the authorised person about submitting to the urine test. (2) For a direction mentioned in subregulation (1)(a) to be reasonable, it is not necessary that the authorised person suspects that the subject person has used a drug, the use of which is prohibited under a conduct agreement applying to the person in his or her body. (3) The subject person: (a) must provide a sufficient sample of urine to enable testing to be carried out; and

Part 3 Drug and alcohol testing Division 4 Blood sample Bail Regulations 1983 8 (b) must not tamper with the sample in any way. (4) A police officer may detain, and if necessary arrest, a subject person for the following purposes: (a) conducting a urine test; (b) taking the subject person to a place where a urine test is to be carried out. Division 4 Blood sample 15 Requirement to provide sample of blood (1) An authorised person may require a subject person to provide a sample of the subject person's blood in any of the following circumstances: (a) the subject person is required to submit to a breath test under regulation 9, or a breath analysis under regulation 10, and refuses to submit or fails to provide a sufficient sample for the test or analysis; (b) as a result of a breath test under regulation 9, the authorised person suspects that the subject person may have consumed alcohol and it is not possible to conduct a breath analysis; (c) as a result of a breath test under regulation 9, or a breath analysis under regulation 10, the authorised person suspects that the subject person may have used a drug, the use of which is prohibited under a conduct agreement applying to the person; (d) the subject person is required to submit to a saliva test under regulation 13 and refuses to submit or fails to provide a sufficient sample for the test; (e) as a result of a saliva test under regulation 13, the authorised person suspects that the subject person may have a drug that is prohibited under a conduct agreement in his or her body; (f) the subject person is required to submit to a urine test under regulation 14 and refuses to submit or fails to provide a sufficient sample for the test; (g) the subject person has a medical condition that hinders the person's ability to provide a sample: (i) of breath for a breath test or breath analysis; or

Part 3 Drug and alcohol testing Division 5 Other matters for this Part Bail Regulations 1983 9 (ii) of saliva for a saliva test; or (iii) of urine for a urine test. Examples for subregulation (1)(b) 1 There is no authorised person available to operate a breath analysis device. 2 A breath analysis is attempted but the device malfunctions. (2) If any of the circumstances mentioned in subregulation (1) exist, a police officer may detain, and if necessary arrest, the subject person for the following purposes: (a) taking a sample of the subject person's blood; (b) taking the subject person to a place where a sample of the person's blood is to be taken. 16 Taking sample of blood (1) A sample of blood may be taken from a subject person only by: (a) a health practitioner; or (b) a qualified person. (2) A person mentioned in subregulation (1) may take a sample of blood whether or not the subject person consents to the sample being taken. (3) A sample of blood taken under subregulation (1) for analysis is the property of the Territory. Division 5 Other matters for this Part 17 Analysis of samples Analysis of a sample of saliva, urine or blood taken under this Part must be carried out by an analyst.

Part 3 Drug and alcohol testing Division 5 Other matters for this Part Bail Regulations 1983 10 18 Evidence by certificate In any proceedings in a court, a certificate purporting to be signed by any of the following is evidence of the matters stated in the certificate and the facts on which they are based: (a) the Commissioner of Police – certifying any of the following about a person named in the certificate: (i) the person is a police officer and authorised under regulation 59 of the Traffic Regulations 1999 to use a prescribed breath analysis instrument within the meaning of the Traffic Act 1987; (ii) the person is authorised to be an analyst under section 19C of the Traffic Act 1987; (iii) the person is appointed under section 3(8) of the Misuse of Drugs Act 1990 to be an analyst for that Act; (b) the Commissioner of Police – certifying that a person named in the certificate is an authorised person who is authorised, under regulation 19(1) or 20(1), to carry out breath tests, saliva tests, urine tests or breath analyses; (c) an authorised person – certifying any of the following: (i) the apparatus used by the authorised person was a breath analysis instrument; (ii) the breath analysis instrument was in proper order and properly operated; (iii) the breath analysis instrument was used in a manner that complied with this Part; (iv) a sample of the breath of a subject person named in the certificate was provided for analysis using a breath analysing instrument; (v) a concentration of alcohol expressed in grams per 210 litres of exhaled breath was indicated by the breath analysis instrument as being present in the breath of the subject person on the day and at the time specified in the certificate; (vi) a statement was given to the subject person under regulation 12;

Part 3 Drug and alcohol testing Division 5 Other matters for this Part Bail Regulations 1983 11 (vii) a matter about a saliva test or a urine test administered by the authorised person; (d) an analyst, or a person employed by an analyst, about an analysis of a sample of saliva, urine or blood for this Part. 19 Police officers who may carry out breath tests, saliva tests, urine tests or breath analyses (1) Every police officer is authorised to carry out a breath test, saliva test or urine test under this Part. (2) A police officer who is authorised under regulation 59 of the Traffic Regulations 1999 to use a prescribed breath analysis instrument within the meaning of the Traffic Act 1987 is authorised to carry out breath analyses under this Part. 20 Persons other than police officers who may carry out breath tests, saliva tests, urine tests or breath analyses (1) The Commissioner of Police may, in writing, authorise persons who are not police officers: (a) to carry out breath tests, saliva tests and urine tests under this Part; or (b) to carry out breath analyses under this Part. (2) The Commissioner of Police may not authorise a person under subregulation (1)(a) unless the Commissioner considers the person: (a) is trained to carry out breath tests, saliva tests and urine tests; and (b) is capable of carrying out breath tests, saliva tests and urine tests correctly. (3) The Commissioner of Police may not authorise a person under subregulation (1)(b) unless: (a) the person is also authorised under subregulation (1)(a); and (b) the Commissioner considers the person: (i) is trained in the use of a breath analysis instrument; and (ii) is capable of using the instrument correctly.

Part 3 Drug and alcohol testing Division 5 Other matters for this Part Bail Regulations 1983 12 (4) A person who is authorised under subregulation (1)(a) or (b) is prescribed for paragraph (b) of the definition authorised person in section 27A(6) of the Act. 21 Protection from liability of health practitioners and analysts A health practitioner, qualified person or an analyst, or a person acting under the supervision of a health practitioner or analyst, is not civilly or criminally liable for an act done or omitted to be done by the health practitioner, qualified person, analyst or person in good faith for this Part.

Schedule Bail Regulations 1983 13 Schedule FORM 1 regulation 3(2)(a) NORTHERN TERRITORY OF AUSTRALIA Bail Act 1982 sections 25(1), 27(1), (2), 29 and 30(1) PART A: BAIL UNDERTAKING AND AGREEMENT BY ACCUSED PERSON WITH GUARANTOR PART A.1 – BAIL UNDERTAKING AND AGREEMENT BY ACCUSED PERSON [PLEASE USE BLOCK LETTERS] I, ........................................................................................................................, (full name of accused person) ..........................................................................................................................., (occupation of accused person) live at .................................................................................................................. (permanent residential address of accused person) and I undertake to appear at the Youth Justice Court/ Local Court/Supreme Court* at ..............…........................................ (place of court) at ..........………….… o'clock a.m./p.m.*, on the .......……………….……..... day (time) (day) of .....………………………….…...…, 19…... or at any other time and place at (month) which the proceedings may be continued for the following offence(s): ............................................................................................................................ ............................................................................................................................ .........................................................................................................................… ............................................................................................................................ (list offence(s) with which accused person is charged)

Schedule Bail Regulations 1983 14 And I agree to comply with the following conditions while at liberty: ...........................................................................................................….............. ..................................................................................................……................... ...........................................................................................................….............. (list conditions other than those specified in Part C) IF YOU DO NOT APPEAR ANY MONEY OR SECURITY GIVEN BY YOU MAY BE LOST BY ORDER OF THE COURT. I agree that if I do not keep my undertaking or agreement I will pay $................to the Territory Government. (amount of bail) Signature of accused person:..............................

Delete where inapplicable.

PART A.2 – AGREEMENT BY GUARANTOR(S) [PLEASE USE BLOCK LETTERS] I/We*.................................................................................................................., (full name of guarantor) ..........................................................................................................................., (occupation of guarantor) of ..........................................….......................................................................... (permanent residential address of guarantor) AND* ............................................……........................................................................, (full name of guarantor) .............................................……......................................................................., (occupation of guarantor) of .............................................…......................................................................., (permanent residential address of guarantor) agree that if the accused person does not keep his or her undertaking or a bail condition I/we* will pay $................... to the Territory Government. (amount of bail) IF YOU SIGN THIS AGREEMENT YOU MAY, IF THE ACCUSED PERSON DOES NOT APPEAR AT COURT, AND IF THE COURT SO ORDERS, LOSE THE AMOUNT OF MONEY OR SECURITY MENTION HEREIN. Signature(s) of guarantor(s): .....................….................................................... …….....................................................................

Schedule Bail Regulations 1983 15 This undertaking and agreement was entered into on the ........................... day of .........……......, 19... (day) (month) before me at ...................... and a completed copy of this form was handed to (place) each person who signed this bail undertaking and agreement. ..………………….........…………………….................. (signature of authorized member/justice of the peace*) SECURITY/CASH DEPOSITED BY ACCUSED PERSON SECURITY/CASH DEPOSITED BY GUARANTOR(S) $.......……..Receipt No.…….. $.....…….Receipt No(s)…….. ANY GOODS DEPOSITED AS SECURITY MAY BE LOST IF THE ACCUSED PERSON DOES NOT COMPLY WITH HIS BAIL CONDITIONS, WHICH ARE ATTACHED/OVERLEAF.

Delete where inapplicable.

PART B: BAIL UNDERTAKING AND AGREEMENT BY ACCUSED PERSON [PLEASE USE BLOCK LETTERS] I,........................................................................................................................., (full name of accused person) ..........................................................................................................................., (occupation of accused person) live at................................................................................................................... (permanent residential address of accused person) and I undertake to appear at the Youth Justice Court/ Local Court/Supreme Court* at........………………….......... (place of court) at...........o'clock a.m./p.m.*, on the............day of.….........., 19... or at any other (time) (day) (month) time and place to which the proceedings may be continued for the following offence(s): ......................................................…………….................................................... ......................................................…………….................................................... ......................................................…………….................................................... ......................................................…………….................................................... (list offence(s) with which accused person is charged)

Schedule Bail Regulations 1983 16 And I agree to comply with the following conditions while at liberty: ........................................................…………...................................................... ........................................................…………...................................................... ........................................................…………...................................................... ........................................................…………...................................................... (list conditions other than those specified in Part C) IF YOU DO NOT APPEAR ANY MONEY OR SECURITY GIVEN BY YOU MAY BE LOST BY ORDER OF THE COURT. I agree that if I do not keep my undertaking or agreement I will pay $................to the Territory Government. (amount of bail) Signature of accused person:...........................…………………………………. This undertaking and agreement was entered into on the ...........................day of..............., 19.…. before me at...................and a completed (day) (month) (place) copy of this form was handed to the person who signed this bail undertaking and agreement. ............................…………………………………….... (signature of authorized member/justice of the peace*) PARTICULARS OF SECURITY/CASH DEPOSITED $...................Receipt No........ *Delete where inapplicable.

PART C: BAIL CONDITION(S) The bail was granted on the following condition(s): *(a) you enter into an agreement to observe the requirements as to your conduct specified in your bail undertaking while at liberty on bail; *(b) one (or ) acceptable person(s) acknowledge that he is or they are acquainted with you and that he regards you, or they regard you, as a responsible person who is likely to comply with your bail undertaking; *(c) you enter into an agreement, without security, to forfeit the amount of money specified in your bail undertaking if you fail to comply with your bail undertaking; *(d) one (or ) persons enter into an agreement or agreements, without security, to forfeit the amount or amounts of money specified in your bail undertaking if you fail to comply with your bail undertaking;

Schedule Bail Regulations 1983 17 *(e) you enter into an agreement, and deposit acceptable security, to forfeit the amount of money specified in your bail undertaking if you fail to comply with your bail undertaking; *(f) one (or ) persons enter into an agreement or agreements, and deposit acceptable security, to forfeit the amount or amounts of money specified in your bail undertaking if you fail to comply with your bail undertaking; *(g) you deposit with an authorized member or a court the amount of money specified in your bail undertaking, in cash, and enter into an agreement to forfeit the amount deposited if you fail to comply with your bail undertaking; *(h) one (or ) persons deposit with an authorized member or a court the amount or amounts of money specified in your bail undertaking, in cash, and enter into an agreement or agreements to forfeit the amount deposited if you fail to comply with your bail undertaking.

Dated this...................day of................, 19... .....………………………………………......................... (signature of authorized member/justice of the peace*)

Delete where inapplicable.

Schedule Bail Regulations 1983 18 FORM 2 regulation 3(2)(b) NORTHERN TERRITORY OF AUSTRALIA Bail Act 1982 section 27(2)(b), (4) and (5) ACKNOWLEDGEMENT [PLEASE USE BLOCK LETTERS] I, ..............................................……………........................................................, (full name of person making acknowledgement) ..........................................................................................................................., (occupation of person making acknowledgement) of.......................................................................................................…............... (permanent residential address of person making acknowledgement) acknowledge that I have been acquainted with.......……………………............., (full name of accused person) of..........................................………………………………........, for .......... years. (permanent residential address of accused person) I regard him as a responsible person who is likely to comply with his bail undertaking. The nature of my acquaintance with him is......................................................... (e.g., employer, partner, parent, friend, &c.) Before making this acknowledgement I have been warned that it is an offence under section 44 of the Bail Act 1982 to wilfully make an acknowledgement under section 27(2)(b) of that Act knowing it to be untrue. Signature of person making acknowledgement:.....………………………......... This acknowledgement was made before me at …………………………............ (place) on...............after I had complied with section of the Bail Act 1982. I gave the person (date) signing this acknowledgement a copy of it after I read and explained it to him. .....………………...................………………………..... (signature of authorized member/justice of the peace*)

Delete where inapplicable.

Schedule Bail Regulations 1983 19 FORM 3 regulation 3(2)(c) NORTHERN TERRITORY OF AUSTRALIA Bail Act 1982 section 31(1) APPLICATION FOR DISCHARGE FROM LIABILITY [PLEASE USE BLOCK LETTERS] I, ....................................................................…................................................., (full name of guarantor) ................................................................…........................................................, (occupation of guarantor) of...........................................….................…...................................................... (permanent residential address of guarantor) guarantor for the accused person........……........................................................ (full name of accused person) of............................................…..........……........................................................ (permanent residential address of accused person) apply pursuant to section 31(1) of the Bail Act 1982 to the Court, it being the Court – (a) which granted the accused person bail; or (b) before which the accused person is to appear,* for my liability to be discharged in respect of an agreement entered into as a condition of bail on..........………………….... at.................................................. (date) (place) The accused person had undertaken to appear before the Youth Justice Court/ Local Court / Supreme Court* at..................………on..................……… (place) (date) The grounds of my application are: ............................................................................................................................ ..........................................................…............................................................... ........................................................…................................................................. ....................................................................…..................................................... ......................………….. (signature of guarantor) Date....../....../......

Schedule Bail Regulations 1983 20 NOTICE OF HEARING TAKE NOTICE that this application will be dealt with by the Youth Justice Court/ Local Court/Supreme Court* at .………………………………..……... on…………………………….……….… (place) (date) ……………........................... (signature of registrar/Sheriff*) Date......./......./....... A warrant of apprehension has been issued today by me returnable on the date on which this application is to be dealt with. ...................……………………… (signature of justice of the peace) Date...../...../.....

Delete if inapplicable.

Schedule Bail Regulations 1983 21 FORM 4 regulation 3(2)(d) NORTHERN TERRITORY OF AUSTRALIA Bail Act 1982 section 31(2)(a) WARRANT OF APPREHENSION WHERE GUARANTOR HAS APPLIED TO BE DISCHARGED FROM LIABILITY [PLEASE USE BLOCK LETTERS] TO ALL MEMBERS OF THE NORTHERN TERRITORY POLICE FORCE On the..............................................…………………………………………….the (date of undertaking) defendant..................................……………………………………………............, (full name of accused person) of......................................………………………………………………................, (permanent residential address of accused person) and the guarantor.............................………………………..………………........., (full name of guarantor) of.........................………………………………………………............................., (permanent residential address of guarantor) entered into a bail undertaking for the accused person to appear before the Youth Justice Court/ Local Court/Supreme Court* at .............................… on.........…......... in respect of the offence(s) of: (place) (date) ............................................................................................................................ ............................................................................................................................ ............................................................................................................................ (list offence(s) with which accused person is charged) The guarantor has made application to that court for him to be discharged from his liability under the bail undertaking. YOU ARE ORDERED TO APPREHEND AND BRING THE ACCUSED PERSON before the above court or another convenient court to be dealt with according to law. Dated this..................day of................., 19... at............................. (place) .……………………….................. (signature of justice of the peace)

Schedule Bail Regulations 1983 22

Delete where inapplicable.

NOTE: This warrant should not be executed after the date on which the accused person has undertaken to appear without first contacting the court of issue.

Schedule Bail Regulations 1983 23 FORM 5 regulation 5(1) NORTHERN TERRITORY OF AUSTRALIA Bail Act 1982 IN THE MATTER of a request for review of a bail decision by the accused, the informant, the complainant or the Director of Public Prosecutions * REQUEST FOR REVIEW OF BAIL DECISION ....………………………………………………........................ of .......................... (Given names) (Surname) (Address) ............................................................................................................................ is charged with/has been convicted of* ……...…................................................ I, .....................................………………………………………. of ………............ (Name of person making request) .......................................................…………....................................................... (Address) request …........................................................................................................... (Name of court) ............................................................................................................................ at .....................................................……………………… to review a decision of ...............................................................………………….................…. made at ......................................……… on the ….................. day of ................. 19.... ..............................………………...... (Signature of person making request) Dated / /19

Schedule Bail Regulations 1983 24 NOTICE OF HEARING

The accused person TO:
Director of Public Prosecutions NOTE: That the above matter has been listed for hearing at ............................................................................................................................ (Name of court) on ............... the ............... day of ...............19.... at ..........................am/pm* when all parties to the matter must attend. ............................... (Court officer) Dated / /19
Delete where inapplicable

ENDNOTES Bail Regulations 1983 25 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Bail Regulations (SL No. 18, 1983) Notified 29 June 1983 Commenced 29 June 1983 (r 2, s 2 Bail Act 1982 (Act No. 57, 1982) and Gaz S19, 29 June 1983) Amendment of Bail Regulations (SL No. 6, 1990) Notified 11 April 1990 Commenced 11 April 1990 Statute Law Revision Act 2000 (Act No. 19, 2000) Assent date 6 June 2000 Commenced s 6: 4 December 1999; rem: 12 July 2000 (s 2 and Gaz G27, 12 July 2000, p 2) Amendments of Bail Regulations (SL No. 9, 2002) Notified 8 May 2002 Commenced 8 May 2002 Statute Law Revision Act (No. 2) 2002 (Act No. 59, 2002) Assent date 7 November 2002 Commenced 7 November 2002 Youth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005) Assent date 22 September 2005 Commenced 1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32, 2005) and Gaz G30, 26 July 2006, p 3) Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007) Assent date 17 May 2007 Commenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3); rem: 17 May 2007 (s 2)

ENDNOTES Bail Regulations 1983 26 Justice (Corrections) and Other Legislation Amendment Act 2011 (Act No. 24, 2011) Assent date 31 August 2011 Commenced ss 3, 9 to 11, 15 to 17, 19, 20, 24, 33, 42, schs 1 and 2, sch 4, pt 1 and sch 5: 31 August 2011 (s 2); rem: 27 February 2012 (Gaz S9 21 February 2012) Bail Amendment (Drug and Alcohol Testing) Regulations 2013 (SL No. 44, 2013) Notified 19 December 2013 Commenced 5 February 2014 (r 2, s 2 Bail Amendment Act 2013 (Act No. 2, 2013) and Gaz G5, 5 February 2014, p 2) Bail Amendment Regulations 2015 (SL No. 32, 2015) Notified 23 December 2015 Commenced 20 January 2016 (r 2, s 2 Bail Amendment Act (No. 2) 2015 (Act No. 33, 2015) and Gaz G3, 20 January 2016, p 2) Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (Gaz S34, 29 April 2016) Youth Justice and Related Legislation Amendment Act 2019 (Act No. 32, 2019) Assent date 9 October 2019 Commenced 2 March 2020 (Gaz G5, 5 February 2020, p 2) Youth Justice Legislation Amendment Act 2021 (Act No. 9, 2021) Assent date 14 May 2021 Commenced 15 May 2021 (s 2) Criminal Code Amendment (Property Offences) Act 2022 (Act No. 24, 2022) Assent date 31 October 2022 Commenced 30 April 2023 (Gaz G8, 13 April 2023, p 1) Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023) Assent date 17 August 2023 Commenced 25 March 2024 (Gaz S20, 22 March 2024) Bail Amendment Regulations 2024 (SL No. 18, 2024) Date made 27 June 2024 Commenced 28 June 2024 (r 2) Justice Legislation Amendment Regulations 2024 (SL No. 20, 2024) Date made 30 July 2024 Commenced 31 July 2024 (r 2) Bail Legislation Amendment Act 2024 (Act No. 16, 2024) Assent date 29 October 2024 Commenced 6 January 2025 (Gaz S111, 23 December 2024) Attorney-General Legislation Amendment Act 2025 (Act No. 14, 2025) Assent date 6 June 2025 Commenced 1 August 2025 (Gaz G14, 10 July 2025, p 1) Statute Law Revision and Repeals Act 2026 (Act No. 3, 2026) Assent date 9 February 2026 Commenced 10 February 2026 (s 2)

ENDNOTES Bail Regulations 1983 27 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1, 8, 18 and 19 and sch. 4 LIST OF AMENDMENTS pt 1 hdg ins No. 44, 2013, r 4 pt 2 hdg ins No. 44, 2013, r 5 r 2 sub No. 44, 2013, r 6 r 2A ins Act No. 32, 2019, s 18 sub Act No. 9, 2021, s 34 amd Act No. 24, 2022, s 35; Act No. 20, 2023, s 54; No. 20, 2024, r 4 r 2AB ins Act No. 9, 2021, s 35 sub No. 18, 2024, r 4 rep Act No. 16, 2024, s 16 r 2B ins Act No. 32, 2019, s 18 r 3 amd No. 9, 2002, r 2 r 4 ins No. 6, 1990, r 1 amd Act No. 24, 2011, s 42; Act No. 9, 2016, s 160 r 5 ins No. 6, 1990, r 1 amd No. 9, 2002, r 3; Act No. 59, 2002, s 6; Act No. 7, 2007, s 16; Act No. 24, 2011, s 42 r 6 ins No. 6, 1990, r 1 amd No. 9, 2002, r 4; Act No. 7, 2007, s 16; No. 44, 2013, r 8 pt 3 hdg ins No. 44, 2013, r 7 pt 3 div 1 hdg ins No. 44, 2013, r 7 r 7 ins No. 44, 2013, r 7 amd No. 32, 2015, r 4 r 8 ins No. 44, 2013, r 7 amd No. 32, 2015, r 5; Act No. 14, 2025, s 33; Act No. 3, 2026, s 64 pt 3 div 2 hdg ins No. 44, 2013, r 7 rr 9 – 10 ins No. 44, 2013, r 7 amd No. 32, 2015, r 7 r 11 ins No. 44, 2013, r 7 r 12 ins No. 44, 2013, r 7 amd No. 32, 2015, r 7 pt 3 div 3 hdg ins No. 44, 2013, r 7 rr 13 – 14 ins No. 44, 2013, r 7 amd No. 32, 2015, r 7 pt 3 div 4 hdg ins No. 44, 2013, r 7 r 15 ins No. 44, 2013, r 7 amd No. 32, 2015, r 7 r 16 ins No. 44, 2013, r 7 pt 3 div 5 hdg ins No. 44, 2013, r 7 r 17 ins No. 44, 2013, r 7 r 18 amd Act No. 14, 2025, s 33 rr 19 – 20 ins No. 44, 2013, r 7 r 21 ins No. 44, 2013, r 7 amd No. 32, 2015, r 6

ENDNOTES Bail Regulations 1983 28 sch amd No. 6, 1990, r 2; Act No. 19, 2000, s 10; Act No. 59, 2002, s 6; Act No. 33, 2005, s 5; No. 44, 2013, r 8; Act No. 9, 2016, s 160

1 BAIL REGULATIONS 1983

NORTHERN TERRITORY OF AUSTRALIA

As in force at 10 February 2026

Definitions and scope. The Regulations rely heavily on definitions to delimit who can act and what instruments and tests are authorised. Part 2 supplies general definitions and, importantly, reg 8(1) defines terms used in Part 3: "analyst" (either an analyst under s 19C of the Traffic Act 1987 or appointed under s 3(8) of the Misuse of Drugs Act 1990), "breath analysis", "breath analysis instrument" (a prescribed instrument under reg 56 of the Traffic Regulations 1999), "breath test", "health practitioner" (as defined by the Health Practitioner Regulation National Law) and "qualified person" (trained to take blood as defined in the National Vocational Education and Training Regulator Act 2011). The effect is that the testing regime draws on external statutory frameworks for instruments, analysts and practitioner qualifications.

Application trigger. Part 3 applies only where a bail condition includes a conduct agreement that prohibits alcohol or particular drugs and includes an ancillary testing requirement to monitor compliance (reg 7). The subject person is the accused bound by that conduct agreement. The conception is conditional: the testing powers do not apply generally to all people on bail, only to those whose bail undertakings incorporate the specified type of conduct agreement.

Range of testing modalities. The Regulations distinguish three tiers of non-invasive testing and one invasive tier:

Breath tests, to screen whether alcohol may be present (reg 9).
Breath analyses, an instrumented analysis of breath by a specified breath analysis instrument to ascertain alcohol concentration (regs 8(1), 10).
Saliva and urine tests to assess whether a prohibited drug may be present (regs 13-14).
Blood samples as the downstream option where breath/saliva/urine are not possible, insufficient or indicate reason for further testing (regs 15-16).

Reasonableness and suspicion. A recurring drafting point: for directions to submit to breath, saliva or urine tests to be "reasonable", the authorised person need not suspect the subject person has consumed alcohol or used a prohibited drug (regs 9(2), 13(2), 14(2)). By contrast, the power to require a breath analysis is triggered either by failure to provide a sufficient breath sample or by suspicion on reasonable grounds that the person may have consumed alcohol (reg 10(1)). Where a breath test or analysis gives grounds to suspect use of a prohibited drug, blood may be required (reg 15(1)(c)).

Detention and arrest powers. The Regulations expressly permit police to detain, and if necessary arrest, the subject person for purposes connected to testing: to conduct breath analyses (reg 10(3)), to conduct saliva tests (reg 13(3)), to conduct urine tests (reg 14(4)) and to take blood when required (reg 15(2)). These are specific, narrow purposes linked to the testing process.

Evidentiary framework. Analyses must be carried out by an "analyst" (reg 17). Certificates from the Commissioner of Police, an authorised person or an analyst (or an analyst’s employee) are treated as evidence of the matters they state and the facts on which they are based (reg 18). The Commissioner’s certificate may certify, for instance, that a named person is authorised to use a breath analysis instrument under the Traffic Regulations or that they are an analyst appointed under the relevant Acts (reg 18(a)-(b)). An authorised person must give a written statement to the subject person without delay if a breath analysis indicates alcohol in the subject person’s breath (reg 12).

Authorisation and delegation. All police officers are authorised to carry out breath, saliva and urine tests (reg 19(1)). Breath analyses require separate authority (reg 19(2)). The Commissioner of Police may authorise non-police persons in writing to carry out tests or breath analyses provided the Commissioner is satisfied the person is trained and capable (reg 20(1)-(3)). Persons so authorised are "prescribed" for the definition of authorised person in s 27A(6) of the Bail Act (reg 20(4)).

Liability protection. Health practitioners, qualified persons, analysts and persons acting under their supervision have statutory protection from civil and criminal liability for acts or omissions done in good faith under Part 3 (reg 21). This is an express indemnity for performance of testing functions under the Regulations.

Forms and process obligations. The Schedule prescribes the forms for bail undertakings, guarantor agreements, acknowledgements and applications for discharge from liability, and a request for review of bail decisions (Forms 1-5). Regulation 3 prescribes which form maps to which section of the Bail Act and requires completion according to the form’s directions. Regulation 5 requires that a request for review (Form 5) be supported by an affidavit and served on the accused or the Director of Public Prosecutions depending on who makes the request.

Cross-references to other statutes. The text integrates with the Traffic Act 1987 and Traffic Regulations 1999 for breath analysis instruments and analysts, with the Misuse of Drugs Act 1990 for analysts, and with national health practitioner registration law and vocational training legislation for practitioner and qualified person definitions (reg 8). The Regulations also identify a substantial list of Criminal Code offences and one Domestic and Family Violence Act offence as "prescribed offences" for the operation of s 3B of the Bail Act (reg 2A).

Accused persons subject to conduct agreements. The principal direct target is the accused person whose bail includes a conduct agreement prohibiting alcohol or specified drugs and requiring monitoring by testing (reg 7). Such a subject person must comply with reasonable directions to submit to breath, saliva or urine tests (regs 9(1), 13(1), 14(1)), provide sufficient urine samples (reg 14(3)), and may be required to give a blood sample in defined circumstances (reg 15(1)). The Regulations affect the accused’s liberty by authorising detention and arrest for the purposes of testing (regs 10(3), 13(3), 14(4), 15(2)) and by making testing and analysis potential bases for evidence admitted in court (reg 18).

Police and authorised persons. Every police officer is authorised to carry out breath, saliva and urine tests (reg 19(1)). Police officers who are authorised under the Traffic Regulations to use breath analysis instruments are authorised to carry out breath analyses under this Part (reg 19(2)). The Commissioner of Police may authorise non-police persons to carry out testing or breath analyses provided training and competence requirements are satisfied (reg 20). Those authorised officers and persons are responsible for issuing directions, conducting tests, giving required statements when breath analysis indicates alcohol, detaining or arresting for testing purposes, and preparing certificates admissible in court (regs 9-12, 10(3), 13(3), 14(4), 15(2), 18).

Health practitioners and qualified persons. Blood samples may be taken only by a health practitioner registered under the national law or by a "qualified person" trained to take blood (reg 16(1)). They may take blood whether or not the subject person consents (reg 16(2)). Health practitioners and qualified persons act as sample takers and are protected from civil and criminal liability for acts done in good faith under the Part (reg 21).

Analysts and laboratories. Analyses of saliva, urine or blood must be carried out by an analyst as defined in reg 8(1) (reg 17). Analysts are either persons authorised under the Traffic Act 1987 or appointed under the Misuse of Drugs Act 1990, reflecting cross-appointment between road safety and drug analysis regimes (reg 8(1)). Analysts or employees may sign certificates admissible in proceedings (reg 18(d)).

Courts and legal practitioners. The Schedule prescribes the forms for bail documentation and for requests for review of bail decisions (reg 3(2), Schedule). Regulation 5 mandates how requests for review are to be made and served, and reg 6 permits the court to hear a review request ex parte in specified service-difficulty circumstances. Courts are thus responsible for enforcing form requirements and hearing review requests under the Bail Act’s procedural rules as fleshed out here.

Director of Public Prosecutions and complainants/informants. The Regulations provide for requests for review of bail decisions by the informant, complainant or the Director of Public Prosecutions (Form 5; reg 5). The DPP is therefore a potential user of the review process and of the evidentiary machinery the Regulations enable.

Guarantors and sureties. The Schedule includes forms for guarantor agreements and discharge applications (Forms 1 and 3-4). These forms and their specified terms (forfeiture amounts, security particulars) affect the financial exposure of guarantors when an accused person does not comply with bail undertakings.

Third-party authorised persons. The Commissioner of Police may authorise persons who are not police officers to carry out tests or analyses (reg 20). This empowers community organisations, contracted service providers or private practitioners to be integrated into the testing regime if the Commissioner authorises them in writing and is satisfied of their training and competence. The Regulations therefore affect non-state service providers who may be called on to support monitoring.

The Territory and administrative actors. Samples taken for analysis are declared property of the Territory (reg 16(3)). The Commissioner of Police may issue certificates certifying authorisation status and analyst appointments (reg 18(a)-(b)). Those administrative arrangements allocate control and custody of forensic material to governmental institutions.

Indirectly affected groups. Bail support service providers are defined for s 24A(3) by reg 2B to include medical treatment, substance abuse counselling and treatment, case management, housing resolution services, education and cultural programs. Entities in the health, social services, housing and education sectors therefore may be engaged as bail support services under the Act, as qualified in reg 2B.

Duties on subject persons. A subject person under a conduct agreement must comply with reasonable directions to submit to breath, saliva or urine tests and to follow directions about how to submit to those tests (regs 9(1), 13(1), 14(1)). For urine tests the subject must provide a sufficient sample and must not tamper with it (reg 14(3)). If required, a subject person must submit to a breath analysis (reg 10(2)) and may be required to provide a blood sample in the circumstances set out in reg 15(1).

Scope of "reasonable direction". The Regulations explicitly state that to be reasonable, a direction to submit to a breath, saliva or urine test does not require that the authorised person suspect the person has consumed alcohol or used a prohibited drug (regs 9(2), 13(2), 14(2)). This means that the legal threshold for issuing a direction is lower than reasonable suspicion for many policing functions, and that routine or random testing directions fall within the Regulations’ parameters so long as they are "reasonable" in context.

Detention and arrest rights implications. Police may detain and if necessary arrest subject persons for the purposes of conducting tests and taking samples (regs 10(3), 13(3), 14(4), 15(2)). The Regulations do not in themselves specify broader arrest or custodial safeguards such as time limits for detention or the procedures to be followed after arrest; those matters will be governed by general arrest and custody law and the Bail Act.

Blood sampling and consent. A person authorised under reg 15(1) may require blood in listed circumstances. The actual taking of blood is restricted to health practitioners or qualified persons (reg 16(1)), and may take place whether or not the subject consents (reg 16(2)). The Regulations therefore remove consent as a blocking point for legally mandated blood sampling in the specified circumstances.

Evidentiary duties of authorised persons and analysts. If a breath analysis indicates alcohol, the authorised person who operated the instrument must give the subject person a written statement promptly stating date, time and results (reg 12). Analyses of saliva, urine and blood must be carried out by an analyst (reg 17), and certificates by the Commissioner, authorised persons or analysts are evidence of the matters they state (reg 18). The Regulations thus place documentary and evidentiary obligations on state actors to preserve chain-of-custody and create admissible proof without calling the analyst as a witness.

Authorisation and competence duties. The Commissioner of Police must be satisfied that any non-police person authorised to carry out tests or breath analyses is trained and capable (reg 20(2)-(3)). Authorized persons must be those prescribed in s 27A(6) of the Bail Act (reg 20(4)). An authorised person must not use a breath analysis instrument unless authorised under reg 19(2) or 20(1)(b) to carry out breath analyses (reg 11). These provisions create a duty on the Commissioner and on authorised persons to ensure formal competence before operating instrumented testing.

Form and administrative duties. Parties must use Forms 1-5 where specified (reg 3(2)), and a request for review under Part 6, Division 2 of the Act must be in Form 5 and supported by an affidavit setting out background and relevant matters, and copies must be served on the accused or the DPP as appropriate (reg 5(1)-(3)). Where courts have rules prescribing how an application for bail or review is made, those rules prevail (reg 3(4), reg 5(1A)). These procedural dictates assign clear administrative duties to applicants, prosecuting agencies, registrars and courts.

Protections and immunities. Health practitioners, qualified persons and analysts and persons acting under their supervision are not civilly or criminally liable for acts or omissions done in good faith under Part 3 (reg 21). This is an express legal immunity that protects practitioners who comply with the Regulations.

Prescribed offences and bail support. Regulation 2A links a defined list of Criminal Code offences and one Domestic and Family Violence Act offence to section 3B of the Bail Act. Regulation 2B identifies a non-exhaustive list of services that qualify as bail support services for the operation of s 24A(3). These two regulations alter rights and duties by delimiting which offences and which services engage particular Bail Act provisions.

Textual enforcement mechanisms. The Regulations themselves do not prescribe criminal penalties for refusal to submit to breath, saliva or urine tests under Part 3. Instead the principal enforcement levers the Regulations provide are:

The power to detain and, if necessary, arrest a subject person for the purpose of conducting a breath analysis, saliva test, urine test or taking blood in specified circumstances (regs 10(3), 13(3), 14(4), 15(2)).
The requirement that samples be analysed by an analyst and that certificates from analysts, authorised persons or the Commissioner of Police are admissible as evidence in court proceedings (regs 17-18).
The bail forms and undertakings (Schedule, Form 1) which enable forfeiture of money or security in the event of non-compliance with bail conditions, including conduct agreements (Schedule, Part A and Part C).

Bail consequence channel. Non-compliance with testing directions will engage the bail regime. The Schedule forms show that bail undertakings may include financial forfeiture terms and guarantor liabilities (Schedule, Form 1, Part A and C). The Regulations require compliance with service and form rules for review requests (reg 5(1)-(3)) and allow the court to hear review requests ex parte when service is being avoided (reg 6). Enforcement through bail consequences thus remains a core mechanism.

Detention/arrest as an enforcement tool. The Regulations expressly permit detention and arrest for the limited purpose of testing and sample taking (regs 10(3), 13(3), 14(4), 15(2)). Those powers will interact with general arrest law, including statutory and common law requirements for lawful arrest, custody and detainee rights outside the Regulations themselves. The Regulations do not prescribe procedural safeguards for detention periods or treatment while detained; those protections are supplied by other law.

Evidential facilitation. Regulation 18 makes certificates prima facie evidence of the matters stated. This reduces the prosecution’s immediate need to call the analyst as an oral witness to prove the matters certified, potentially simplifying the evidentiary burden in bail revocation hearings or other proceedings where the results matter.

Administrative enforcement. The Commissioner of Police holds an administrative enforcement role in authorising non-police persons, issuing certificates concerning authorisations and analyst appointments, and overseeing the competence requirements in reg 20(2)-(3) and reg 18(a). The Commissioner’s certificates are themselves evidence under reg 18.

Absence of express offence for refusal. The Regulations’ failure to stipulate a standalone criminal offence for refusing to submit to a test under Part 3 is notable. Enforcement therefore relies on existing powers under the Bail Act and general criminal and police powers (arrest/detention), combined with bail consequence mechanisms (forfeiture) and admissible evidentiary certificates. Practitioners must therefore look to the Bail Act and other statutes for the specific consequences of a refusal, rather than to these Regulations alone.

Protections for practitioners. The immunity in reg 21 acts as a protective counterbalance for authorised health practitioners, qualified persons and analysts, insulating them from civil or criminal liability where they act in good faith under the Part. That immunity may reduce defensive litigation risk for those performing testing or taking samples.

Bail Act 1982. The Regulations are made under the Bail Act 1982 and explicitly implement and flesh out provisions of the Act. Regulation 3(2) identifies which Forms correspond to particular sections of the Bail Act (for example, Form 1 applies to sections 25(1), 27(1), (2), 29 and 30(1) of the Act). Regulation 2A expressly operates for the purposes of section 3B of the Act by prescribing a list of offences. Regulation 2B supplies the meaning of bail support services for section 24A(3) of the Act. Part 3 of the Regulations applies where a bail condition includes a conduct agreement as envisaged by the Act (reg 7). The Regulations therefore operate as subsidiary legislation that gives effect to statutory bail processes and conditions.

Traffic Act 1987 and Traffic Regulations 1999. The definition of "analyst" and "breath analysis instrument" links the testing apparatus and analyst authorisations to the Traffic Act and the Traffic Regulations: an analyst may be authorised under section 19C of the Traffic Act 1987 and a breath analysis instrument must be a prescribed instrument under reg 56 of the Traffic Regulations 1999 (reg 8(1)). Regulation 19(2) refers to regulation 59 of the Traffic Regulations 1999 as the source of authorisation for police officers to use prescribed breath analysis instruments. These cross-references align the breath analysis machinery used in road safety enforcement with the bail monitoring regime.

Misuse of Drugs Act 1990. The definition of "analyst" also includes appointment under section 3(8) of the Misuse of Drugs Act 1990 (reg 8(1)(b)). Analysts appointed under the Misuse of Drugs Act form the pool of qualified analysts for saliva, urine and blood analysis under reg 17.

Health Practitioner Regulation National Law. The definition of "health practitioner" for the purposes of Part 3 is the national registration framework; only registered health practitioners may take blood under reg 16(1)(a). This ties the medical functions under the Regulations to the national registration and professional regulatory regime.

National Vocational Education and Training Regulator Act 2011. The "qualified person" authorised to take blood is defined by reg 8(1) by reference to training through a registered training organisation as defined in the national VET regulator Act. That ties the competency standard for blood-taking by non-health practitioners to vocational qualifications.

Criminal Code and Domestic and Family Violence Act. Regulation 2A prescribes offences under the Criminal Code and an offence under the Domestic and Family Violence Act 2007 (s 120) for the purposes of s 3B of the Bail Act. The listed Criminal Code provisions are detailed in reg 2A and include a range of property, violence and sexual offences (see reg 2A list). These cross-references determine which categories of charges will engage the Bail Act’s s 3B protections as read with the Regulations.

Evidence law and court rules. Regulation 18 makes certificates signed by the Commissioner, authorised persons and analysts evidence of the matters stated. This provision interacts with the court rules of evidence and criminal procedure, potentially limiting the need for oral testimony to establish the procedural and analytical facts set out in the certificates. Regulation 3(4) defers to rules of court that prescribe the manner of making bail or review applications.

Privacy, human rights and health law. The Regulations authorise compulsory testing and blood sampling without consent in certain circumstances (reg 16(2)). That interacts with common law and statutory protections concerning bodily integrity, privacy and medical treatment. The Regulations do not themselves address consent frameworks other than permitting non-consensual blood-taking where authorised; compliance will therefore intersect with the applicable human rights and health statutes in practice.

Interplay with bail support services. Regulation 2B’s wide list of services (medical treatment, counselling, housing resolution, cultural programs, educational programs, case management) interacts with administrative practice for bail support and with service providers funded through health, housing and social services channels. Agencies providing those services may be asked to participate in case management and monitoring as part of bail conditions.

Criminal procedure around arrest and detention. The Regulations authorise detention and arrest for the limited purpose of carrying out tests (regs 10(3), 13(3), 14(4), 15(2)). Those powers operate within the wider criminal law framework governing arrest, custody, the rights of detainees and court procedures for remand and bail revocation.

Property law and forensic custody. Blood samples taken under reg 16 are declared the property of the Territory (reg 16(3)). That declaration fixes ownership, control and disposal rights to the Territory, with consequences for access, retention periods and disclosure that will be governed by government administrative policy and evidence rules.

A concise map of the principal legislative changes recorded in the Regulations’ endnotes shows several phases of amendment concentrated on authentication, process detail and the addition of the drug and alcohol testing regime.

Initial instrument and early amendments. The Bail Regulations were made as SL No. 18, 1983, notified and commenced 29 June 1983 (Endnotes, List of Legislation). Amendments at various points through 1990, 2000, 2002 and 2005 adjusted formal provisions and the Schedule (Endnotes, List of Legislation and List of Amendments).

Introduction of testing regime. A key structural change occurred with the Bail Amendment (Drug and Alcohol Testing) Regulations 2013 (SL No. 44, 2013), notified 19 December 2013 and commencing 5 February 2014. That instrument inserted Part 3 and related divisions, bringing the testing regime into the Regulations (Endnotes and List of Amendments: "pt 3 hdg ins No. 44, 2013, r 7" and multiple insertions of regs 7-21 noted in the amendment list).

Subsequent technical amendments. The testing provisions have been amended subsequently, including by Bail Amendment Regulations 2015 (SL No. 32, 2015) which amended regs 7-14 and 16-17 and reg 21 (List of Amendments). The Schedule and forms have been updated in various years to reflect procedural and administrative changes (see list under "sch amd").

Prescribed offences and updated cross-references. Regulation 2A, prescribing offences for s 3B of the Bail Act, was inserted by the Youth Justice and Related Legislation Amendment Act 2019 (Act No. 32, 2019, s 18) and subsequently amended by later Acts including the Youth Justice Legislation Amendment Act 2021, Criminal Code Amendment (Property Offences) Act 2022, Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 and Bail Amendment Regulations 2024 and other instruments. The endnotes list these specific Acts and dates, summarising commencement dates for various provisions (Endnotes, List of Legislation and List of Amendments).

Recent regulation and Act-level amendments. Notable recent instruments include the Bail Amendment Regulations 2024 (SL No. 18, 2024) made 27 June 2024 and commenced 28 June 2024; Justice Legislation Amendment Regulations 2024 (SL No. 20, 2024) commenced 31 July 2024; and the Bail Legislation Amendment Act 2024 (Act No. 16, 2024) which received assent 29 October 2024 and commenced 6 January 2025 (Endnotes). The Attorney-General Legislation Amendment Act 2025 (Act No. 14, 2025) and the Statute Law Revision and Repeals Act 2026 also feature in the list of instruments altering or affecting the Regulations, with the latter commencing 10 February 2026 (Endnotes).

Editorial and formal amendments. The endnotes note that general editorial amendments of a formal nature were effected by the Interpretation Legislation Amendment Act 2018 to rr 1, 8, 18 and 19 and the Schedule. The detailed List of Amendments at the end of the Regulations tracks the insertion and amendment of specific regs across the years, mapping the progressive accretion of the testing regime and procedural forms.

Practical implication of amendment pattern. The amendment history shows a concentrated reform trajectory around 2013-2016 to add testing powers and later years to refine authorised-persons, prescribed offences and forms. The recent Acts of 2024-2026 indicate continued legislative activity touching the bail framework and its implementing regulations. Practitioners should consult the reprint date to ensure they are working with the current consolidated text, and cross-check commencement dates for specific amendments relevant to individual cases.

The Regulations as provided include no reported cases or judicial decisions in the text or endnotes. The Schedule and endnotes list legislative instruments, amendments and commencement dates but do not record judicial treatment of the Regulations or Part 3 testing powers. Regulation 18 contemplates the use of certificates in court proceedings as evidence, but there is no case law recorded here on admissibility challenges, contested certificate weight, procedural fairness in detention for testing, or the interplay with rights and consent jurisprudence.

For practitioners, the absence of litigation history in the instrument means that legal argumentation on contested points will need to draw on:

the statutory text of the Bail Act 1982 and the Regulations’ detailed provisions (for example reg 7 application, reg 9-16 testing powers, reg 18 certificates);
general principles of arrest, search and detention under criminal procedure and common law;
statutes that intersect with the Regulations (Traffic Act, Misuse of Drugs Act, Health Practitioner Regulation National Law);
evidence law governing certificates, hearsay and the admissibility of forensic reports; and
human rights or tort law authorities where non-consensual blood-taking and bodily integrity issues arise.

Because the Regulations import authorisations and analyst statuses from other Acts, litigation may also develop around the scope and validity of those appointments under the Traffic Act or Misuse of Drugs Act, and around whether the Commissioner’s authorisation processes under reg 20 meet administrative law standards. None of that jurisprudence is reflected in the Regulations’ text here.

In short, the Regulations present an operationally significant statutory scheme for testing under bail but, as printed, provide no internal record of judicial interpretation. Practitioners should therefore search case law databases and relevant decisions under the Bail Act, traffic and drugs legislation and evidence law for any post-enactment litigation that addresses the Act-Regulations interface, the rights of accused persons, evidentiary treatment of certificates, and the lawfulness of detention or compelled blood sampling.

"Reasonable direction" without suspicion. The Regulations repeatedly state that a direction to submit to breath, saliva or urine testing may be reasonable even if the authorised person does not suspect the subject person has used alcohol or a prohibited drug (regs 9(2), 13(2), 14(2)). This lowers the threshold for testing directions from "reasonable suspicion" to the looser "reasonable direction", which can enable random or routine testing under a conduct agreement. Practitioners should note that the permissive drafting means testing can be routine, not just investigatory.

Detention and arrest authorised for testing purposes. The Regulations authorise detention and arrest specifically to conduct breath analyses, saliva tests, urine tests and to take blood where authorised (regs 10(3), 13(3), 14(4), 15(2)). Those powers are narrow in purpose but significant in consequence because they may trigger full arrest and custody procedures. The text does not set timeframes, custody safeguards or require that other less intrusive measures be exhausted first. Counsel should therefore consider procedural protections under general arrest and custody law when advising clients.

Non-consensual blood sampling. Blood may be taken whether or not the subject consents (reg 16(2)) where circumstances in reg 15(1) are met. Blood-taking is restricted to health practitioners or qualified persons, but absence of consent is not a legal barrier. This raises immediate practical, evidential and human rights considerations in any case where blood is proposed.

Sample ownership and control. Samples of blood taken for analysis are declared the property of the Territory (reg 16(3)). That affects access to, retention of and secondary use of forensic material. Defence counsel should plan for disclosure pathways and for the preservation of samples if independent testing is sought.

Evidentiary certificates reduce usual proof hurdles. Regulation 18 makes certificates by the Commissioner, an authorised person, an analyst or an analyst’s employee evidence of cited matters. This provision may reduce the need to call analysts for a viva voce account of routine procedural facts or test results. Defence practitioners should therefore consider grounds for challenging the certificate’s completeness, chain of custody, or compliance with the Regulations’ procedural requirements.

Authorisation and competence dependencies. Non-police persons may be authorised only if the Commissioner is satisfied of their training and capability (reg 20(2)-(3)). The Regulations do not specify the minimum training or competency evidence required. Challenge points include whether a Commissioner’s written authorisation complied with administrative law standards and whether authorisations cover the exact activities performed. Reg 11 forbids using breath analysis instruments unless the operator is authorised under reg 19(2) or 20(1)(b), creating a discrete admissibility point if an unqualified person operated the device.

No express statutory penalty in the Regulations for refusal. The Regulations do not create a specific criminal penalty for refusal to comply with testing directions under Part 3. Rather, enforcement operates through detention/arrest for testing, bail consequences (forfeiture per the undertakings in the Schedule) and the use of certificates as evidence. Practitioners should therefore examine the Bail Act and other criminal statutes for sanctions tied to refusal or breach.

Interrelation with court rules and forms. Where rules of court prescribe the manner of making an application for bail or review, those rules take precedence (reg 3(4)). Regulation 5 also defers to court rules for how requests under Part 6, Division 2 are made (reg 5(1A)). Failure to observe court rules rather than the Regulations’ form prescriptions may render procedural steps defective.

Liability protection scope. Reg 21 protects health practitioners, qualified persons and analysts for acts done in good faith under the Part. The "good faith" qualifier may not protect negligent or reckless conduct. Practitioners and agencies should document compliance with protocols to support a "good faith" posture if disputes or claims arise.

Administrative evidence vs. forensic quality. The Regulations link analyst roles across Traffic and Misuse of Drugs Acts. However, forensic quality standards and laboratory accreditation expectations may differ between drug analysis contexts. Defence counsel should scrutinise the chain of custody and analyst credentials, especially where the sampled material is crucial to revocation of bail or criminal proceedings.

Overlap with other detention powers. The authorised detention/arrest powers for testing operate alongside other police powers. Where detention or arrest is effected under the testing provisions, practitioners should identify and record the statutory basis given to the person at the time of arrest, and whether the arrest was indeed "for the following purposes" described in regs 10(3), 13(3), 14(4) and 15(2).

For courts and registrars

Use the prescribed forms (Schedule, Forms 1-5) for the specified sections of the Bail Act, and ensure those forms are filled out per their directions (reg 3(1)-(3)). If court rules prescribe an alternative manner for bail or review applications, follow the rules (reg 3(4), reg 5(1A)). Ensure service requirements for review requests are observed: a request must be supported by an affidavit and served on the accused or the DPP as required (reg 5(1)-(3)). If service is being avoided or the accused cannot be located, the court may hear a police or DPP request ex parte if satisfied with avoidance/service difficulties (reg 6).

For police and authorised persons

Verify authorisation status before directing a person to submit to testing. Every police officer is authorised to conduct breath, saliva and urine tests (reg 19(1)). Breath analyses require an additional authorisation under the Traffic Regulations or under reg 20(1)(b) (reg 19(2), reg 11).
When directing a subject person to submit to a breath, saliva or urine test ensure that the direction is "reasonable" and that the subject is given directions about how to submit to the test (regs 9(1), 13(1), 14(1)). Bear in mind that the Regulations specify that no suspicion is required to make those directions reasonable (regs 9(2), 13(2), 14(2)).
If a subject fails to provide a sufficient breath sample, or there is reasonable suspicion of alcohol use, require a breath analysis (reg 10). If analysis indicates alcohol, provide without delay the written statement prescribed by reg 12 stating date, time and results.
If saliva or urine testing is refused or insufficient, or if testing indicates possible drug use, consider whether the circumstances in reg 15(1) are met to require blood.
If detention or arrest is needed to effect testing, limit action strictly to the purposes authorised by the Regulations and document the statutory basis in contemporaneous records (regs 10(3), 13(3), 14(4), 15(2)).
Preserve sample integrity and chain of custody for analysis. Ensure samples are forwarded to an analyst as defined by reg 8(1) and reg 17. Record who took the sample, who supervised, the time the sample was taken, and how it was transported and stored.

For health practitioners and qualified persons

Confirm your status as a registered health practitioner or as a qualified person trained to take blood. Only those persons may take blood under reg 16(1).
Document the taking of blood, and the circumstances permitting blood-taking under reg 15(1) (for instance, failure to provide breath/saliva/urine, device malfunction, reasonable suspicion after a test).
Note that consent is not a legal barrier where reg 16(2) applies. Even so, document any objection or refusal and the grounds upon which the authorised person required the sample. Record any medical or safety considerations.
Retain clear contemporaneous records to support the "good faith" basis for any action, as the immunity in reg 21 applies only to acts done in good faith.

For analysts and laboratories

Confirm appointment or authorisation under the Traffic Act or the Misuse of Drugs Act as defined in reg 8(1).
Receive and analyse saliva, urine and blood samples in accordance with accepted laboratory standards and the Regulations’ procedural requirements (reg 17). Document chain of custody and test procedures fully to support any certificate under reg 18.
Prepare certificates that state the facts and the basis for them when required; a certificate purporting to be signed by an analyst or analyst’s employee is evidence of the matters stated (reg 18(d)). Ensure that signatures and records are retained for possible court use.

For the Commissioner of Police and authorising bodies

Ensure authorisations in writing for non-police persons (reg 20(1)) are properly recorded and limited to the authorised scope. Before authorising, verify training and capability as required by reg 20(2)-(3).
Maintain public records or internal registers of persons authorised to operate breath analysis instruments in accordance with reg 19(2) and reg 11 to support certificates tendered under reg 18.
Where the Commissioner issues certificates under reg 18(a)-(b), ensure accuracy and the availability of supporting documentation because such certificates are treated as evidence in court.

For accused persons and defence counsel

If a testing direction is given, assess whether the direction falls within Part 3 (that is, whether a conduct agreement prohibiting alcohol or drugs and requiring testing is part of the bail condition) (reg 7). If so, the subject person is obliged to comply with reasonable directions under regs 9, 13 and 14.
Where breath analysis indicates alcohol, confirm the subject person was provided the written statement required by reg 12 and obtain a copy for the defence file.
If blood is taken, ensure the person taking the sample was a registered health practitioner or qualified person per reg 16(1) and that circumstances triggering reg 15(1) existed.
Challenge evidentiary certificates where procedural irregularities, chain-of-custody defects or competence gaps in authorisation exist. For example, verify that the person operating a breath analysis instrument was authorised under reg 19(2) or reg 20(1)(b), and whether a non-police person’s authorisation met the Commissioner’s training and capability requirements (reg 20(2)-(3)).
Use the procedural requirements in reg 5 when making or defending review requests and ensure that service and affidavit requirements are properly met.

For bail support service providers

Understand that reg 2B prescribes a wide category of services that may be treated as bail support services for s 24A(3). Ensure services advertised or tendered to courts are competent to meet monitoring or treatment components and keep records of participant contacts and interventions.

Record-keeping and documentation

Across all actors, contemporaneous and complete record-keeping is critical. The Regulations confer evidentiary weight to certificates and written statements and allow detention/arrest for testing; accurate documentation of the statutory basis for actions will be central to both prosecution and defence strategies.

Final practical note

Because the Regulations interact with the Bail Act, Traffic Act, Misuse of Drugs Act, national registration law and court rules, compliance requires cross-checking the relevant statutory provisions, the Commissioner’s authorisations, the technical capability of instruments and laboratory accreditation, and the specific terms of the accused’s conduct agreement. When in doubt, record the statutory basis for the action taken, the qualifications of the person carrying out the test, and the chain of custody for samples.

BAIL REGULATIONS 1983

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BAIL REGULATIONS 1983

Source text: opening excerpt

1 BAIL REGULATIONS 1983

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