S. 4(4)(bb) inserted by No. 68/2008 s. 63, amended by Nos 68/2009 s. 97(Sch. item 11.1), 53/2010 s. 221(Sch. item 1). (bb) with an offence against section 100 of the Personal Safety Intervention Orders Act 2010 of contravening an order in the course of committing which the accused is alleged to have used or threatened to use violence and— S. 4(4)(bb)(i) amended by No. 68/2009 s. 97(Sch. item 11.1). (i) the accused has within the preceding 10 years been convicted or found guilty of an offence in the course of committing which he or she used or threatened to use violence against any person; or s. 4 S. 4(4)(bb)(ii) amended by No. 68/2009 s. 97(Sch. item 11.1). (ii) the court is satisfied that the accused on a separate occasion used or threatened to use violence against the person who is the subject of the order, whether or not the accused has been convicted or found guilty of, or charged with, an offence in connection with that use or threatened use of violence; or S. 4(4)(c) amended by Nos 9690 s. 2(a), 68/2009 s. 97(Sch. item 11.1). (c) with an offence of aggravated burglary under section 77 of the Crimes Act 1958 or any other indictable offence in the course of committing which the accused or any person acting in concert with the accused is alleged to have used or threatened to use a firearm, offensive weapon, or explosive within the meaning of the said section 77; or S. 4(4)(caa) inserted by No. 10/2003 s. 10. (caa) with an offence of arson causing death under section 197A of the Crimes Act 1958; or
S. 4(4)(ca) inserted by No. 9690 s. 2(b), substituted by No. 10002 s. 8(3), amended by No. 89/1986 s. 4(d)(i)(ii), substituted by No. 61/2001 s. 13(2). (ca) with an offence under section 71AB, 71AC or 72B of the Drugs, Poisons and Controlled Substances Act 1981 or an offence of conspiring to commit any of those offences under section 79(1) of that Act; s. 4 S. 4(4)(cab) inserted by No. 35/2002 s. 28(Sch. item 1.2). (cab) subject to subsection (2)(aa), with an offence of trafficking in a drug of dependence under section 71 of the Drugs, Poisons and Controlled Substances Act 1981 as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001 or an offence of cultivating a narcotic plant under section 72 of that Act or an offence of conspiring to commit either of those offences under section 79(1) of that Act; S. 4(4)(cb) inserted by No. 89/1986 s. 4(e), amended by No. 93/2005 s. 13(3). (cb) subject to subsection (2)(aa), with an offence under section 231(1), 233A or 233B(1) of the Customs Act 1901 of the Commonwealth, as in force immediately before the commencement of the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 of the Commonwealth, in relation to a commercial or trafficable quantity of narcotic goods within the meaning of that Act; or S. 4(4)(cc) inserted by No. 93/2005 s. 13(4). (cc) subject to subsection (2)(aa), with an offence under section 307.1, 307.2, 307.5, 307.6, 307.8 or 307.9 of the Criminal Code of the Commonwealth; or
S. 9(3) substituted by No. 9158 s. 3(a), amended by No. 68/2009 s. 97(Sch. item 11.1). (3) Before admitting an accused to bail with a surety or sureties the court or other person authorized by section 27 shall— (a) be satisfied of the sufficiency of the means of the surety or sureties and for this purpose may require the surety or sureties (as the case may be) to— (i) lodge in cash the amount of the bail; or S. 9(3)(a)(ii) amended by Nos 51/1989 s. 142(e), 11/2001 s. 3(Sch. item 5), substituted by No. 70/2010 s. 10(2). (ii) lodge a document that is evidence of the ownership and the value of property or any other asset to the amount of the bail; and Note s. 9 Examples of documents that may be required are a copy of a certificate of title for the property or a search of the title of the land, a current rate notice that includes a valuation of the property, an independent valuation of the property or a bank statement of a mortgage account in relation to the property. S. 9(3)(b) amended by No. 84/1997 s. 5(1), substituted by No. 70/2010 s. 10(3). (b) require the surety or sureties to make before it or him (as the case may be) an affidavit of justification for bail; and S. 9(3)(c) inserted by No. 70/2010 s. 10(3). (c) require the surety or sureties to sign the undertaking of bail. S. 9(3A) inserted by No. 84/1997 s. 5(2), amended by No. 69/2009 s. 54(Sch. Pt 2 item 6), substituted by No. 70/2010 s. 10(4). (3A) For the purposes of this section— (a) a surety may appear before a court within the meaning of section 3(1) of the Evidence (Miscellaneous Provisions) Act 1958 by audio visual link or audio link in accordance with Part IIA of that Act; or
S. 18 amended by Nos 9158 s. 4, 16/1986 s. 30, 51/1989, s. 142(k)–(o), 57/1989 s. 4(1)(c), 35/1996 s. 453(Sch. 1 item 8.2), 84/1997 s. 7, 68/2009 s. 97(Sch. items 11.1, 11.17), substituted by No. 70/2010 s. 15. 18 Further application for bail where bail refused or revoked s. 18 (1) An accused who has been refused bail and is in custody pending the hearing or trial of a charge may make a further application for bail. (2) A person whose bail has been revoked under section 18AE or 24(3) may make a further application for bail. (3) Subject to section 144(2)(c) of the Criminal Procedure Act 2009, an application under subsection (1) or (2) is to be made— (a) in the case of a person charged with treason or murder, to the Supreme Court or a judge of the Supreme Court; (b) in any other case, to the court to which the person is remanded to appear. S. 18(4) inserted by No. 44/2013 s. 5. (4) Without limiting subsection (3), if it is reasonably practicable to do so, an application under this section is to be heard by a court constituted by the same judge or magistrate who heard the previous application for bail. S. 18AA inserted by No. 70/2010 s. 15. 18AA Certain circumstances required before application may be heard (1) A court must not hear an application under section 18 unless— (a) the applicant satisfies the court that new facts or circumstances have arisen since the refusal or revocation of bail; or (b) the applicant was not represented by a legal practitioner when bail was refused or revoked; or (c) the order refusing or revoking bail was made by a bail justice.
S. 21 amended by Nos 51/1989 s. 142(p)(q), 68/2009 s. 97(Sch. item 11.23), substituted by No. 70/2010 s. 20. 21 Abolition of right of a surety to apprehend a principal The common law right of a surety to apprehend the principal and to bring him or her before a bail justice or a court is abolished. S. 22 amended by Nos 16/1986 s. 30, 68/2009 s. 97(Sch. item 11.24), repealed by No. 70/2010 s. 20. * * * * * s. 23 No. 8731 s. 39. 23 Surety may apply for discharge S. 23(1) amended by Nos 9158 s. 5, 68/2009 s. 97(Sch. item 11.25). (1) Any of the sureties for the attendance of an accused released on bail may at any time apply to the court to which the accused would be required to surrender himself under the conditions of the bail to discharge the applicant from his liability with respect to the undertaking. S. 23(2) amended by No. 68/2009 s. 97(Sch. item 11.25(c)). (2) On an application being made under subsection (1) the court shall issue a warrant for apprehending the accused and bringing him before the court. S. 23(3) amended by No. 68/2009 s. 97(Sch. item 11.25 (a)(c)). (3) On the attendance of the accused before the court the court may direct the applicant to be discharged from his liability with respect to the undertaking. S. 23(4) amended by Nos 68/2009 s. 97(Sch. item 11.25(a)(c)), 70/2010 s. 21. (4) If the court discharges a surety from his liability with respect to an undertaking of bail the court shall require the accused to find another surety or other security for his attendance and may remand him in custody until a further surety or security is provided.
S. 29(2) amended by Nos 9848 s. 18(1), 68/2009 s. 97(Sch. item 11.33). (2) A person on bail for attendance at trial and any surety for the attendance of a person at his trial shall, if he changes his place of residence or business from the place appearing in the undertaking as his address, forthwith notify the Director of Public Prosecutions in writing of the change of address. S. 29(3) substituted by No. 9848 s. 18(1). (3) For the purposes of subsection (2) the address of the Director of Public Prosecutions is the address for the time being prescribed for the purposes of this section. S. 29(4) amended by No. 9554 s. 2(2)(Sch. 2 item 18). (4) Any person who fails to comply with the provisions of subsection (2) shall be guilty of an offence against this Act. 15 penalty units or imprisonment for three months. 30 Failure to answer bail s. 30 S. 30(1) amended by No. 68/2009 s. 97(Sch. item 11.34). (1) Any person released on bail who fails without reasonable cause, the proof whereof lies upon him, to attend in accordance with his undertaking of bail and surrender himself into custody shall be guilty of an offence against this Act. Imprisonment for twelve months. (2) In any proceedings against a person for an offence against this section— S. 30(2)(a) amended by No. 68/2009 s. 97(Sch. item 11.35(a)). (a) a document purporting to be or to be a copy of an undertaking of bail entered into by the accused and to be certified by an officer of the court having the custody of the document to be the undertaking or a copy of the undertaking with which it is alleged in the proceedings that the accused has failed to comply shall be prima facie evidence of the entry of the accused into the undertaking and of the conditions of the undertaking; and
S. 34(6) inserted by No. 70/2010 s. 26. (6) Subject to subsection (7), this Act as amended by a provision of Part 2 of the Bail Amendment Act 2010 applies only with respect to an application made, or an appeal commenced, or an admission to bail made, under this Act on or after the commencement of that provision of that Act. S. 34(7) inserted by No. 70/2010 s. 26. (7) Section 3A as inserted by section 5 of the Bail Amendment Act 2010 applies to a determination made under this Act on or after the commencement of section 5 of that Act, including the determination of a charge for an offence against section 30, irrespective of when the charge-sheet was filed. s. 34 S. 34(8) inserted by No. 44/2013 s. 10. (8) Section 18(4) applies in respect of any application made on or after the commencement of section 5 of the Bail Amendment Act 2013. S. 34(9) inserted by No. 44/2013 s. 10. (9) Section 18AK applies in respect of any application made on or after the commencement of section 7 of the Bail Amendment Act 2013. S. 34(10) inserted by No. 44/2013 s. 10. (10) Section 30A applies in respect of an offence alleged to have been committed on or after the commencement of section 8 of the Bail Amendment Act 2013. S. 34(11) inserted by No. 44/2013 s. 10. (11) Section 30B applies in respect of an offence alleged to have been committed on or after the commencement of section 8 of the Bail Amendment Act 2013. S. 34(12) inserted by No. 44/2013 s. 10. (12) For the purposes of subsections (10) and (11), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 8 of the Bail Amendment Act 2013, the offence is alleged to have been committed before that commencement. __________________
Assent Date: 5.1.82 Commencement Date: 5.1.82 : All of Act in operation Director of Public Prosecutions Act 1982, No. 9848/1982 Assent Date: 21.12.82 Commencement Date: Ss 1–8, 17 on 12.1.83: Government Gazette 12.1.83 p. 80; rest of Act on 1.6.83: Government Gazette 11.5.83 p. 1146 : All of Act in operation Statute Law Revision (Repeals) Act 1982, No. 9863/1982 Assent Date: 5.1.83 Commencement Date: 5.1.83 : All of Act in operation Statute Law Revision Act 1983, No. 9902/1983 Assent Date: 15.6.83 Commencement Date: 15.6.83: subject to s. 2(2) : All of Act in operation Drugs, Poisons and Controlled Substances (Amendment) Act 1983, No. 10002/1983 Assent Date: 13.12.83 Commencement Date: 18.12.83: Government Gazette 14.12.83 p. 3954 : All of Act in operation Crimes (General Amendment) Act 1984, No. 10084/1984 Assent Date: 22.5.84 Commencement Date: 1.7.84: Government Gazette 27.6.84 p. 2119 : All of Act in operation Statute Law Revision Act 1984, No. 10087/1984 Assent Date: 22.5.84 Commencement Date: 22.5.84: subject to s. 3(2) : All of Act in operation Coroners Act 1985, No. 10257/1985 Assent Date: 10.12.85 Commencement Date: Ss 1–3, Pt 9 on 12.2.86: Government Gazette 12.2.86 p. 382; rest of Act on 1.6.86: Government Gazette 30.4.86 p. 1115 : All of Act in operation Courts Amendment Act 1986, No. 16/1986
Assent Date: 13.6.06 Commencement Date: S. 91 on 1.7.06: Government Gazette 29.6.06 p. 1315 : This information relates only to the provision/s amending the Bail Act 1977 Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006 Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 4) on 23.4.07: s. 2(3) : This information relates only to the provision/s amending the Bail Act 1977 Family Violence Protection Act 2008, No. 52/2008 Assent Date: 23.9.08 Commencement Date: S. 233 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provision/s amending the Bail Act 1977 Stalking Intervention Orders Act 2008, No. 68/2008 Assent Date: 18.11.08 Commencement Date: S. 63 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provision/s amending the Bail Act 1977 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 11) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Bail Act 1977 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 4), (Sch. Pt 2 item 6) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Bail Act 1977 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 7) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Bail Act 1977 Endnotes Personal Safety Intervention Orders Act 2010, No. 53/2010