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…