Bail Act 1978 (NSW)

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An Act relating to bail for accused persons in or in connection with criminal proceedings.

Part 1Preliminary1Name of Act

This Act may be cited as the Bail Act 1978.

2Commencement(1)

This section and section 1 shall commence on the date of assent to this Act.

(2)

Except as provided in subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette, being a day that is later than the day appointed and notified under section 2 (2) of the Crimes (Amendment) Act 1979.

3

(Repealed)

4Definitions(1)

In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

appeal includes an application for leave to appeal and a proceeding by way of appeal.

authorised justice means:

  • (a)

    a registrar of the Local Court, or

  • (b)

    an officer of the Attorney General’s Department or the Department of Corrective Services who is declared (whether by name or by reference to the holder of a particular office) by the Minister by instrument in writing published in the Gazette to be an authorised justice for the purposes of this Act, or

  • (c)

    a person prescribed by the regulations for the purposes of this definition.

authorised officer, in relation to a person in custody, means a police officer who may grant bail to the person under Part 3.

bail means authorisation to be at liberty under this Act, instead of in custody.

bail condition means a condition under section 36, 36A, 36B or 37AA.

bail undertaking means an undertaking under section 34.

close relative, in relation to a person, means:

  • (a)

    a mother, father, wife, husband, de facto partner, daughter, son, step-daughter, step-son, sister, brother, half-sister or half-brother of the person, or the other party to a domestic relationship to which the person is a party, or

  • (b)

    if the person is a party to a domestic relationship, any person who is a relative, of the kind mentioned in paragraph (a), of either party to the relationship.

Note—

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

conviction includes a finding of guilt and (without limiting the generality of the foregoing provisions of this definition) the making of an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 or section 33 (1) (a) of the Children (Criminal Proceedings) Act 1987.

court means:

  • (a)

    the Court of Criminal Appeal, the Supreme Court, the Land and Environment Court, the Industrial Relations Commission, the District Court or the Local Court, or

  • (b)

    any other court which, or person who, exercises criminal jurisdiction.

Court of Criminal Appeal includes a Judge of that Court.

District Court means the District Court of New South Wales in its criminal and special jurisdiction, and includes a Judge of that Court.

domestic relationship has the same meaning as in the Property (Relationships)…

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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.