1
Short title
1 Short title
These regulations may be cited as the Bail Regulations 2024 .
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Tasmania regulation
Bail Regulations 2024
In ForceTASPlain English Summary
3/10 complexity
These regulations set the specific forms and simple procedural steps used under the Bail Act 1994 (for police bail notices, arrest warrants, bail documents, recognizances and various bail applications) and commence on 10 December 2024. They also require personal service for forfeiture applications and prescribe two state offences as ‘terrorism offences’ for the Act’s Part 1A. The rules primarily standardise paperwork and proof/service mechanics, affecting police, courts, registries and people applying for or admitted to bail.
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Current sections
Direct links to the current provisions in Bail Regulations 2024.
2
Commencement
2 Commencement
These regulations take effect on 10 December 2024.
3
Interpretation
3 Interpretation
(1) In these regulations –
Act means the Bail Act 1994 .
(2) In these regulations, a reference to a form by a number is taken to be a reference to the form of that number set out in Schedule 1 .
4
Notice of admission to police bail
4 Notice of admission to police bail
A notice for the purposes of section 5(1) of the Act is to be in accordance with Form 1.
5
Warrant for arrest on failure to appear
5 Warrant for arrest on failure to appear
A warrant for arrest under section 5(5) or 12 of the Act is to be in accordance with Form 2.
6
Bail document
6 Bail document
A document for the purposes of section 7(2) of the Act is to be in accordance with Form 3.
7
Recognizance on admission to bail
7 Recognizance on admission to bail
A recognizance for the purposes of section 7(5)(b) of the Act is to be in accordance with Form 4.
8
Notice of application for forfeiture of recognizance
8 Notice of application for forfeiture of recognizance
(1) For the purposes of section 20(d) of the Act, notice of application to a judge or justice under section 20(a) of the Act is to be served personally.
(2) Proof that notice of the application has been served for the purposes of section 20(d) of the Act is to be provided by a memorandum of service in accordance with Form 5.
9
Application for bail or variation of bail
9 Application for bail or variation of bail
An application under section 23 of the Act –
(a) to be admitted to bail; or
(b) for variation of a condition of an order for bail –
is to be in accordance with Form 6.
10
Miscellaneous applications under Act
10 Miscellaneous applications under Act
(1) An application under section 20(a) , 24(1) or 27 of the Act is to be in accordance with Form 7.
(2) Unless otherwise ordered by the judge, justice or relevant court, an application referred to in subregulation (1) is to be supported by an affidavit specifying the material facts on which the person intends to rely.
11
Prescribed offences
11 Prescribed offences
For the purposes of the definition of terrorism offence in Part 1A of the Act , the following offences in relation to terrorism are prescribed:
(a) an offence under section 310J of the Crimes Act 1900 of New South Wales;
(b) an offence under section 4B of the Terrorism (Community Protection) Act 2003 of Victoria.
SCHEDULE 1 - Forms
SCHEDULE 1 - Forms
SCHEDULE 1 - Forms SCHEDULE 1 - Forms
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 10 December 2024
These regulations are administered in the Department of Justice.
Source text
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
1 Short title
1 Short title
These regulations may be cited as the Bail Regulations 2024 .
2 Commencement
2 Commencement
These regulations take effect on 10 December 2024.
3 Interpretation
3 Interpretation
(1) In these regulations –
Act means the Bail Act 1994 .
(2) In these regulations, a reference to a form by a number is taken to be a reference to the form of that number set out in Schedule 1 .
4 Notice of admission to police bail
4 Notice of admission to police bail
A notice for the purposes of section 5(1) of the Act is to be in accordance with Form 1.
5 Warrant for arrest on failure to appear
5 Warrant for arrest on failure to appear
A warrant for arrest under section 5(5) or 12 of the Act is to be in accordance with Form 2.
6 Bail document
6 Bail document
A document for the purposes of section 7(2) of the Act is to be in accordance with Form 3.
7 Recognizance on admission to bail
7 Recognizance on admission to bail
A recognizance for the purposes of section 7(5)(b) of the Act is to be in accordance with Form 4.
8 Notice of application for forfeiture of recognizance
8 Notice of application for forfeiture of recognizance
(1) For the purposes of section 20(d) of the Act, notice of application to a judge or justice under section 20(a) of the Act is to be served personally.
(2) Proof that notice of the application has been served for the purposes of section 20(d) of the Act is to be provided by a memorandum of service in accordance with Form 5.