Bail Act 1977 (Vic)

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Version No. 158

Bail Act 1977

No. 9008 of 1977

Version incorporating amendments as at


30 September 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Short title and commencement

1APurpose

1BGuiding principles

2Repeals and savings

3Definitions

3AAAAMeaning of vulnerable adult

3AAASurrounding circumstances

3AAOffence that is both a Schedule 1 and a Schedule 2 offence

3AABMeaning of terrorism record

3AACMeaning of terrorism risk information

3ADetermination in relation to an Aboriginal person

3BDetermination in relation to a child

3CDetermination in relation to a person of or over the age of 18 years in a remand centre

3DFlow Charts

Part 2—Granting of bail and admission to bail

4Entitlement to bail

4AAAOffences in respect of which bail must not be refused

4AAWhen 2 step tests apply

4AStep 1—exceptional circumstances test

4CStep 1—show compelling reason test

4DWhen unacceptable risk test applies

4EAll offences—unacceptable risk test

4FRisks that are unacceptable for persons accused of certain offences

5Bail undertaking

5AAAAFamily violence risks

5AAAConduct conditions

5AABBail decision maker to have regard to means of accused or bail guarantor

5AAConditions of bail granted to a child in certain circumstances

5APower to return accused to youth justice centre

7Opposing bail

8Application for bail

8AACourt to make preliminary determination if terrorism risk alleged

8ARefusal of bail—any offence—insufficient information

8BRefusal of bail—offence involving serious injury—uncertainty as to death or recovery

9Bail guarantor

10Power of police officer, sheriff or authorised person to grant or refuse bail

10AAPolice remand

10APower of bail justice to grant or refuse bail

10BInformant must bring person to court if bail justice prohibited from granting bail

11Cash deposit as security for penalty

12Power of court to grant or refuse bail

12AWhen bail decision maker must state reasons for granting bail

12BPersons subject to a summons to answer to a charge

13Treason, murder, certain other offences

13AAAccused with terrorism record

13AAccused on 2 or more bail undertakings

16Extension of bail

16AWritten notice of extension of bail

16BCapacity of child to give bail undertaking

17Written notice of conditions of bail

17AElectronic signature of bail undertaking by accused

17BElectronic signature of undertaking by child accused's parent or some other person

Part 2A—Trial of electronic monitoring of children

Division 1—Preliminary

17CDefinitions

17DMeaning of applicable decision

17EWhat are Part 2A conditions?

17FWhat is a suitability report?

Division 2—Electronic monitoring of children on bail

17GWhen bail decision maker may impose Part 2A conditions

17HBail decision maker may adjourn for preparation of suitability report

17IExtension of bail where Part 2A conditions imposed

17JVarying conditions of bail by revoking related conduct condition

17KAccused ceasing to be of eligible age does not affect Part 2A conditions

17LElectronic monitoring devices and equipment to be removed if conditions cease

17MTemporary removal of electronic monitoring device if person arrested

Division 3—Miscellaneous

17NConfidentiality of personal information

17ODelegation

17PRegulations for this Part

Part 3—Further application for bail, variation of bail conditions, revocation of bail

18Further application for bail where bail refused or revoked

18AACertain circumstances required before application may be heard

18ABHearing and determination of further application for bail

18ACApplication for variation of…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.