Bail Act 2013 (NSW)
Sec 22C(5) of this Act (sec 22C(5) repeals sec 22C on 1.10.2026)
Sec 22D(5) of this Act (sec 22D(5) repeals sec 22D on 3.4.2027)
Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.2 (not commenced)
An Act to make provision for bail in connection with criminal and other proceedings.
The Parliament of New South Wales, in enacting this Act, has regard to the following—
(a) the need to ensure the safety of victims of crime, individuals and the community,
(b) the need to ensure the integrity of the justice system,
(c) the common law presumption of innocence and the general right to be at liberty.
This Act is the Bail Act 2013.
This Act commences on a day or days to be appointed by proclamation.
The purpose of this Act is to provide a legislative framework for a decision as to whether a person who is accused of an offence or is otherwise required to appear before a court should be detained or released, with or without conditions.
(Repealed)
In this Act—
(a) a person who has been charged with or convicted of an offence,
(b) a person whose conviction for an offence is stayed,
(c) a person in respect of whom proceedings on an appeal against conviction or sentence for the offence are pending,
(d) a person in respect of whom a new trial has been ordered to be held for an offence.
(a) a registrar of the Local Court, or
(a1) a Children’s Registrar, or other Registrar of the Children’s Court, under the Children’s Court Act 1987, or
(b) an officer of the Department of Attorney General and Justice who is declared, by order of the Minister, whether by reference to his or her name or office, to be an authorised justice for the purposes of this Act, or
(c) a person, or member of a class of persons, declared by the regulations to be an authorised justice for the purposes of this Act.
(a) a release application, or
(b) a detention application, or
(c) a variation application.
(a) the Court of Criminal Appeal, the Supreme Court, the Land and Environment Court, the Industrial Court, the District Court or the Local Court, or
(b) any other court which, or person who, exercises criminal jurisdiction.
(a) is or has been married to the first person, or
(b) is or has been a de facto partner of the first person, or
Note— “De facto partner” is defined in the Interpretation Act 1987, section 21C.
(c) has or has had an intimate personal relationship with the first person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature.
(a) an offence under the Crimes Act 1900, Part 3 with a maximum penalty of 14 years imprisonment or more if the offence is committed by a person against an intimate partner, or
(b) an offence under a law of the Commonwealth, another State or Territory or another jurisdiction that is similar to an offence under that part.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
A reference in this Act to a person charged with an offence includes a reference to a person who has been issued with a court attendance notice for the offence under the Criminal Procedure Act 1986.
In this Act, a power to
(a) a power to revoke the bail decision and substitute a new bail decision, and
(b) a power to vary bail conditions.
In this Act, a power to
(a) a power to revoke a bail condition, and
(b) a power to revoke a bail condition and substitute a new bail condition, and
(c) a power to impose a new bail condition.
Notes in this Act do not form part of this Act.
In this Act,
(a) committal proceedings,
(b) proceedings relating to bail,
(c) proceedings relating to sentence,
(d) proceedings on an appeal against conviction or sentence,
(e) any other proceedings of a kind prescribed by the regulations.
(a) proceedings on an application for annulment of a conviction or sentence made under section 4 or 5 of the Crimes (Appeal and Review) Act 2001, and
(b) proceedings on an appeal against an order imposed by the Land and Environment Court on conviction for an offence.
Proceedings for an offence are
(a) proceedings relating to bail, or
(b) proceedings on an appeal against any interlocutory judgment or order given in proceedings, or
(c) proceedings declared to be non-substantive by the regulations.
Proceedings for an offence
If a court convicts an accused person of an offence, and a sentence is to be imposed, proceedings for the offence do not conclude until the sentence has been imposed.
The committal of a person for trial or sentence is not a conclusion of proceedings for an offence.
If a person’s conviction or sentence for an offence is stayed on or before the conclusion of proceedings for an offence, the proceedings do not conclude while the stay is in force.
The regulations may make further provision for the time at which proceedings for an offence are to be regarded as concluded and this section has effect subject to the regulations.
Bail is authority to be at liberty for an offence.
An offence includes an alleged offence.
Bail can be granted under this Act to any person accused of an offence.
A person who, because of bail, is entitled to be at liberty for an offence is entitled (if in custody) to be released from custody.
Limitations to the entitlement to be at liberty are specified in section 14.
The following decisions (each of which is a
(a) a decision to release the person without bail for the offence,
(b) a decision to dispense with bail for the offence,
(c) a decision to grant bail for the offence (with or without the imposition of bail conditions),
(d) a decision to refuse bail for the offence.
Part 3 sets out how a bail decision is to be made by a bail authority.
A bail decision cannot be made if substantive proceedings for the offence have concluded and no further substantive proceedings for the offence are pending before a court.
A bail decision can also be made in respect of a person who is not accused of an offence in the circumstances specified in Schedule 1.
Schedule 1 provides for the grant of bail where a person is required to appear in proceedings otherwise than because he or she is accused of an offence. In such cases, this Act applies as if the person were accused of an offence.
A decision to release a person without bail can be made only by a police officer with power to make that bail decision under this Act.
A decision to dispense with bail can be made only by a court with power to make that bail decision under this Act.
If bail for an offence is dispensed with, the person accused of the offence is entitled to be at liberty for the offence, in the same way as if bail had been granted.
A court is taken to have dispensed with bail for an offence if—
(a) a person accused of the offence appears before the court in proceedings for the offence, and
(b) the person has not previously been granted or refused bail for the offence, and
(c) the court does not grant or refuse bail for the offence.
A decision to grant or refuse bail can be made only by a police officer or court with power to make that bail decision under this Act.
To avoid doubt, subsection (1) does not prevent an authorised justice exercising a function under section 54.
Bail ceases to have effect if—
(a) it is revoked, or
(b) substantive proceedings for the offence conclude and, at the conclusion of the proceedings, no further substantive proceedings for the offence are pending before a court.
Bail is not revived if, after the conclusion of substantive proceedings for an offence, further substantive proceedings for the offence are commenced. However, a new bail decision for the offence can be made under this Act.
Proceedings for an offence generally conclude if a person is convicted of and sentenced for the offence. If an appeal against the conviction or sentence is lodged after that conclusion, bail is not revived, but a new bail decision can be made.
If bail is granted by a bail authority for a specified period, bail ceases to have effect at the end of that period, unless sooner revoked.
A court before which an accused person is required to appear under a bail acknowledgment may continue bail if—
(a) bail would otherwise cease to have effect, and
(b) substantive proceedings for the offence have not concluded.
A person granted bail, or in respect of whom bail is dispensed with, is required to appear in person before a court, and surrender to the custody of the court, as and when required to do so in proceedings for the offence for which the bail decision is made.
A requirement to appear is—
(a) if bail is granted—a requirement to appear in accordance with the accused person’s bail acknowledgment, or
(b) if bail is dispensed with—a requirement to appear as and when required by the court or by any notice or other process by which a person can be required to appear before a court.
The time at which a person is required to appear is the time at which the matter relating to the offence is called at court premises (whether or not the matter is dealt with at that time).
This section does not prevent a court before which a person is required to appear from excusing a failure to appear.
The regulations may make further provision for the requirement to appear.
Bail does not entitle a person to be at liberty until—
(a) the person signs, and gives to the bail authority, a copy of the bail acknowledgment for the decision to grant bail, and
(b) all pre-release requirements of bail conditions have been complied with.
Pre-release requirements are dealt with in Part 3. For example, a bail condition may require an accused person, before being released on bail, to surrender his or her passport. Bail acknowledgments are dealt with in Part 4.
Bail does not entitle a person to be at liberty on those occasions on which the person is required to appear before a court under his or her bail acknowledgment.
Bail does not entitle a person to be at liberty while the person is in custody for some other offence, or reason, because of which the person is not entitled to be at liberty.
For example, a person may be in custody for 2 offences. If bail is granted for one offence only, the person is not entitled to be released.
A bail decision is to be made in accordance with this Part.
This Part applies to the making of a decision to affirm a bail decision, or to vary a bail decision, after hearing a bail application in the same way as it applies to the making of a bail decision.
A bail authority or authorised justice must exercise any function in relation to bail conferred by Part 5, 8 or 9 in accordance with this Part, except as otherwise provided by this Act.
The flow charts illustrate the key features of bail decisions under this Act.
Flow Chart 1 illustrates the show cause requirement (set out in Division 1A), which applies only to show cause offences.
Flow Chart 2 illustrates the unacceptable risk test (set out in Division 2) as it applies to all offences, other than offences for which there is a right to release.
In the flow charts—
(a) to release a person without bail, or
(b) to dispense with bail, or
(c) to grant bail without the imposition of bail conditions.
A bail authority making a bail decision for a show cause offence must refuse bail unless the accused person shows cause why his or her detention is not justified.
If the accused person does show cause why his or her detention is not justified, the bail authority must make a bail decision in accordance with Division 2 (Unacceptable risk test—all offences).
This section does not apply if the accused person was under the age of 18 years at the time of the offence.
For the purposes of this Act, each of the following offences is a
(a) an offence that is punishable by imprisonment for life,
(b) a serious indictable offence that involves—
(i) sexual intercourse with a person under the age of 16 years by a person who is of or above the age of 18 years, or
(ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person under the age of 16 years by a person who is of or above the age of 18 years,
(c) a serious personal violence offence, or an offence involving wounding or the infliction of grievous bodily harm, if the accused person has previously been convicted of a serious personal violence offence,
(c1) a serious domestic violence offence,
(c2) an offence under the Crimes Act 1900, section 54D,
(d) any of the following offences—
(i) a serious indictable offence under Part 3 or 3A of the Crimes Act 1900 or under the Firearms Act 1996 that involves the use of a firearm,
(ii) an indictable offence that involves the unlawful possession of a pistol or prohibited firearm in a public place,
(iii) a serious indictable offence under the Firearms Act 1996 that involves acquiring, supplying, manufacturing or giving possession of a pistol or prohibited firearm or a firearm part that relates solely to a prohibited firearm,
(e) any of the following offences—
(i) a serious indictable offence under Part 3 or 3A of the Crimes Act 1900 or under the Weapons Prohibition Act 1998 that involves the use of a military-style weapon,
(ii) an indictable offence that involves the unlawful possession of a military-style weapon,
(iii) a serious indictable offence under the Weapons Prohibition Act 1998 that involves buying, selling or manufacturing a military-style weapon or selling, on 3 or more separate occasions, any prohibited weapon,
(f) an offence under the Drug Misuse and Trafficking Act 1985 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a prohibited drug or prohibited plant within the meaning of that Act,
(g) an offence under Part 9.1 of the Commonwealth Criminal Code that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug within the meaning of that Code,
(h) a serious indictable offence that is committed by an accused person—
(i) while on bail (whether granted under this Act or a law of another jurisdiction), or
(ii) while on parole (whether granted under a law of this State or another jurisdiction),
(i) an indictable offence, or an offence of failing to comply with a supervision order, committed by an accused person while subject to a supervision order,
(j) a serious indictable offence of attempting to commit an offence mentioned elsewhere in this section,
(k) a serious indictable offence (however described) of assisting, aiding, abetting, counselling, procuring, soliciting, being an accessory to, encouraging, inciting or conspiring to commit an offence mentioned elsewhere in this section,
(l) a serious indictable offence that is committed by an accused person while the person is the subject of a warrant authorising the arrest of the person issued under—
(i) this Act, or
(ii) Part 7 of the Crimes (Administration of Sentences) Act 1999, or
(iii) the Criminal Procedure Act 1986, or
(iv) the Crimes (Sentencing Procedure) Act 1999.
In this section, a reference to the facts or circumstances of an offence includes a reference to the alleged facts or circumstances of an offence.
In this section—
(a) an offence under Part 3 of the Crimes Act 1900 that is punishable by imprisonment for a term of 14 years or more, or
(b) an offence under a law of the Commonwealth, another State or Territory or any other jurisdiction that is similar to an offence under that Part.
A bail authority must, before making a bail decision, assess any bail concerns.
For the purposes of this Act, a
(a) fail to appear at any proceedings for the offence, or
(b) commit a serious offence, or
(c) endanger the safety of victims, individuals or the community, or
(d) interfere with witnesses or evidence.
If the accused person is not in custody, the assessment is to be made as if the person were in custody and could be released as a result of the bail decision.
This section does not apply if the bail authority refuses bail under Division 1A (Show cause requirement).
A bail authority is to consider the following matters, and only the following matters, in an assessment of bail concerns under this Division—
(a) the accused person’s background, including criminal history, circumstances and community ties,
(b) the nature and seriousness of the offence,
(c) the strength of the prosecution case,
(d) whether the accused person has a history of violence,
(d1) behaviour engaged in by the accused that may, under the Crimes (Domestic and Personal Violence) Act 2007, section 6A(2), constitute domestic abuse,
Examples of behaviour— behaviour that is physically abusive or violent, including strangulation and sexual assault, animal abuse and stalking
(e) whether the accused person has previously committed a serious offence while on bail (whether granted under this Act or a law of another jurisdiction),
(f) whether the accused person has a history of compliance or non-compliance with any of the following—
(i) bail acknowledgments,
(ii) bail conditions,
(iii) apprehended violence orders,
(iv) parole orders,
(v) home detention orders, good behaviour bonds or community service orders,
(vi) intensive correction orders,
(vii) community correction orders,
(viii) conditional release orders,
(ix) non-association and place restriction orders,
(x) supervision orders,
(f1) if the bail authority is making the assessment of bail concerns because the accused person has failed or was about to fail to comply with a bail acknowledgment or a bail condition, any warnings issued to the accused person by police officers or bail authorities regarding non-compliance with bail acknowledgments or bail conditions,
(g) whether the accused person has any criminal associations,
(h) the length of time the accused person is likely to spend in custody if bail is refused,
(i) the likelihood of a custodial sentence being imposed if the accused person is convicted of the offence,
(i1) if the accused person has been convicted of the offence, but not yet sentenced, the likelihood of a custodial sentence being imposed,
(j) if the accused person has been convicted of the offence and proceedings on an appeal against conviction or sentence are pending before a court, whether the appeal has a reasonably arguable prospect of success,
(k) any special vulnerability or needs the accused person has including because of youth, being an Aboriginal or Torres Strait Islander, or having a cognitive or mental health impairment,
(l) the need for the accused person to be free to prepare for his or her appearance in court or to obtain legal advice,
(m) the need for the accused person to be free for any other lawful reason,
(n) the conduct of the accused person towards any victim of the offence, or any family member of a victim, after the offence,
(o) in the case of a serious offence or a domestic violence offence against an intimate partner, the views of any victim of the offence or any family member of a victim (if available to the bail authority), to the extent relevant to a concern that the accused person could, if released from custody, endanger the safety of victims, individuals or the community,
(p) the bail conditions that could reasonably be imposed to address any bail concerns in accordance with section 20A,
(q) whether the accused person has any associations with a terrorist organisation (within the meaning of Division 102 of Part 5.3 of the Commonwealth Criminal Code),
(r) whether the accused person has made statements or carried out activities advocating support for terrorist acts or violent extremism,
(s) whether the accused person has any associations or affiliation with any persons or groups advocating support for terrorist acts or violent extremism.
The following matters (to the extent relevant) are to be considered in deciding whether an offence is a serious offence under this Division (or the seriousness of an offence), but do not limit the matters that can be considered—
(a) whether the offence is of a sexual or violent nature or involves the possession or use of an offensive weapon or instrument within the meaning of the Crimes Act 1900,
(b) the likely effect of the offence on any victim and on the community generally,
(c) the number of offences likely to be committed or for which the person has been granted bail or released on parole.
A bail authority must refuse bail if the bail authority is satisfied, on the basis of an assessment of bail concerns under this Division, that there is an unacceptable risk.
For the purposes of this Act, an
(a) fail to appear at any proceedings for the offence, or
(b) commit a serious offence, or
(c) endanger the safety of victims, individuals or the community, or
(d) interfere with witnesses or evidence.
If the offence is a show cause offence, the fact that the accused person has shown cause that his or her detention is not justified is not relevant to the determination of whether or not there is an unacceptable risk.
Bail cannot be refused for an offence for which there is a right to release under Division 2A.
If there are no unacceptable risks, the bail authority must—
(a) grant bail (with or without the imposition of bail conditions), or
(b) release the person without bail, or
(c) dispense with bail.
This section is subject to Divisions 1A and 2A.
Bail conditions are to be imposed only if the bail authority is satisfied, after assessing bail concerns under this Division, that there are identified bail concerns.
A bail authority may impose a bail condition only if the bail authority is satisfied that—
(a) the bail condition is reasonably necessary to address a bail concern, and
(b) the bail condition is reasonable and proportionate to the offence for which bail is granted, and
(c) the bail condition is appropriate to the bail concern in relation to which it is imposed, and
(d) the bail condition is no more onerous than necessary to address the bail concern in relation to which it is imposed, and
(e) it is reasonably practicable for the accused person to comply with the bail condition, and
(f) there are reasonable grounds to believe that the condition is likely to be complied with by the accused person.
This section does not limit a power of a court to impose enforcement conditions.
Enforcement conditions are imposed for the purpose of monitoring or enforcing compliance with other bail conditions. Section 30 provides for this type of bail condition.
The following decisions are the only bail decisions that can be made for an offence for which there is a right to release—
(a) a decision to release the person without bail,
(b) a decision to dispense with bail,
(c) a decision to grant bail to the person (with or without the imposition of bail conditions).
There is a right to release for the following offences—
(a) a fine-only offence,
(b) an offence under the Summary Offences Act 1988, other than an excluded offence,
(c) an offence that is being dealt with by conference under Part 5 of the Young Offenders Act 1997.
Each of the following offences under the Summary Offences Act 1988 is an
(a) an offence under section 5 (obscene exposure) if the person has previously been convicted of an offence under that section,
(b) an offence under section 11A (violent disorder) if the person has previously been convicted of an offence under that section or of a personal violence offence,
(c) an offence under section 11B, 11C or 11E (offences relating to knives and offensive implements) if the person has previously been convicted of an offence under any of those sections or of a personal violence offence,
(d) an offence under section 11FA (custody or use of laser pointer in public place),
(e) an offence under section 11G (loitering by convicted child sexual offenders near premises frequented by children).
An offence is not an offence for which there is a right to release if the accused person has previously failed to comply with a bail acknowledgment, or a bail condition, of a bail decision for the offence.
Subject to subsection (1), Division 2 (Unacceptable risk test—all offences) applies to a bail decision for an offence for which there is a right to release.
Despite anything to the contrary in this Act, a court is not to grant bail or dispense with bail for any of the following offences, unless it is established that special or exceptional circumstances exist that justify that bail decision—
(a) an offence for which an appeal is pending in the Court of Criminal Appeal against—
(i) a conviction on indictment, or
(ii) a sentence imposed on conviction on indictment,
(b) an offence for which an appeal from the Court of Criminal Appeal is pending in the High Court in relation to an appeal referred to in paragraph (a).
If the offence is a show cause offence, the requirement that the accused person establish that special or exceptional circumstances exist that justify a decision to grant bail or dispense with bail applies instead of the requirement that the accused person show cause why his or her detention is not justified.
Subject to subsection (1), Division 2 (Unacceptable risk test—all offences) applies to a bail decision made by a court under this section.
Despite anything to the contrary in this Act, a bail authority must, unless it is established that exceptional circumstances exist, refuse bail for—
(a) an offence under section 310J of the Crimes Act 1900, or
(b) any other offence for which a custodial sentence may be imposed, if the bail authority is satisfied that the accused person—
(i) before being charged with that offence, has been charged with a Commonwealth terrorism offence or an offence under section 310J of the Crimes Act 1900 and the proceedings relating to the offence have not concluded, or
(ii) has previously been convicted of a Commonwealth terrorism offence or an offence under section 310J of the Crimes Act 1900, or
(iii) is the subject of a control order made under Part 5.3 of the Commonwealth Criminal Code.
If the offence is a show cause offence, the requirement that the accused person establish that exceptional circumstances exist that justify a decision to grant bail or dispense with bail applies instead of the requirement that the accused person show cause why his or her detention is not justified.
Subject to subsection (1), Division 2 (Unacceptable risk test—all offences) applies to a bail decision made by a bail authority under this section.
In this section,
During the period following conviction and before sentencing for an offence for which the accused person will be sentenced to imprisonment to be served by full-time detention, a court—
(a) on a release application made by the accused person—must not grant bail or dispense with bail, unless it is established that special or exceptional circumstances exist that justify the decision, or
(b) on a detention application made in relation to the accused person—must refuse bail, unless it is established that special or exceptional circumstances exist that justify a decision to grant bail or dispense with bail.
If the offence is a show cause offence, the requirement that the accused person establish that special or exceptional circumstances exist that justify a decision to grant bail or dispense with bail applies instead of the requirement that the accused person show cause why the accused person’s detention is not justified.
Subject to subsection (1), Division 2 applies to a bail decision made by a court under this section.
This section applies despite anything to the contrary in this Act.
In this section—
A bail authority must not grant bail to a relevant young person for a relevant offence alleged to have been committed while the young person is on bail for another relevant offence unless the bail authority has a high degree of confidence the young person will not commit a serious indictable offence while on bail subject to any proposed bail conditions.
A decision under subsection (1) may be made only after—
(a) an assessment of bail concerns is made under Division 2, and
(b) consideration of whether any bail conditions could reasonably be imposed to address any bail concerns or risk the relevant young person will commit a further serious indictable offence.
To avoid doubt, the requirement under this section to establish that bail should be refused for the relevant young person remains with the prosecution.
This section applies despite anything to the contrary in this Act.
This section is repealed on 1 October 2026.
In this section—
(a) section 154A,
(b) section 154C,
(c) section 154F.
(a) a motor theft offence, or
(b) a serious breaking and entering offence, or
(c) an offence under the Crimes Act 1900, section 154K, if the underlying offence is a motor theft offence or serious breaking and entering offence.
(a) 14 years of age or more, and
(b) less than 18 years of age.
The Minister must review the operation of the amendments made by the amendment Act to determine whether—
(a) the policy objectives of the amendments remain valid, and
(b) the terms of the amendments remain appropriate for achieving the objectives.
The review must be undertaken as soon as possible after the period of 12 months from the commencement.
The Bureau of Crime Statistics and Research, within the department in which this Act is administered, must—
(a) be consulted as part of the review, and
(b) provide information and data to inform the review.
A report on the outcome of the review must be tabled in each House of Parliament as soon as practicable after the end of the period of 12 months from the commencement.
This section is repealed on the day that is 2 years after the day on which the section commences.
In this section—
(Repealed)
Bail conditions can be imposed when bail is granted or a bail decision is varied.
(Repealed)
Bail conditions can impose conduct requirements on an accused person.
A
A conduct requirement cannot require an accused person to provide security for compliance with a bail acknowledgment. Such a requirement (if any) is a security requirement and is subject to the rules for imposing security requirements.
A bail condition can require security to be provided for compliance with a bail acknowledgment.
For that purpose, a bail condition can include the following requirements—
(a) that the accused person, or one or more other acceptable persons, or both, enter into an agreement under which the person agrees to forfeit a specified amount of money if the person granted bail fails to appear before a court in accordance with his or her bail acknowledgment,
(b) that a specified amount of money be deposited with the bail authority (and agreed to be forfeited under such an agreement if the person granted bail fails to appear before a court in accordance with his or her bail acknowledgment),
(c) that acceptable security be deposited with the bail authority as security for the payment of the money agreed to be forfeited under such an agreement.
A requirement of a kind referred to in this section is a
A decision as to which person or persons, or class or description of persons, is an acceptable person and what security is acceptable security for the purposes of a security requirement is to be made by—
(a) the bail authority imposing the bail condition, or
(b) the officer or court to whom the bail acknowledgment is given (if no decision has been made under paragraph (a)).
A security requirement can be imposed only for the purpose of addressing a bail concern that the accused person will fail to appear at any proceedings for the offence.
A bail authority is not to impose a security requirement unless of the opinion that the purpose for which the security requirement is imposed is not likely to be achieved by imposing one or more conduct requirements.
The regulations may make further provision for security requirements and bail security agreements.
Part 9 contains further provisions about security requirements.
Bail conditions can require one or more character acknowledgments to be provided.
A
A decision as to which person or persons, or class or description of persons, is an acceptable person for a character acknowledgment is to be made by—
(a) the bail authority imposing the bail condition, or
(b) the officer or court to whom the bail acknowledgment is given (if no decision has been made under paragraph (a)).
A bail authority is not to require a character acknowledgment unless of the opinion that the purpose for which the acknowledgment is required is not likely to be achieved by imposing one or more conduct requirements.
The regulations may make further provision for character acknowledgments and requirements to provide character acknowledgments.
A bail condition imposed by a court on the grant of bail can require that suitable arrangements be made for the accommodation of the accused person before he or she is released on bail.
A requirement of a kind referred to in this section is an
An accommodation requirement can be imposed only—
(a) if the accused person is a child, or
(a1) for the purpose of enabling the accused person to be admitted to a residential rehabilitation facility for treatment on the person’s release on bail, or
(b) in the circumstances authorised by the regulations.
The court responsible for hearing bail proceedings must ensure that, if an accommodation requirement is imposed in respect of a child, the matter is re-listed for further hearing at least every 2 days until the accommodation requirement is complied with.
The court may direct any officer of a Division of the Government Service to provide information about the action being taken to secure suitable arrangements for accommodation of an accused person.
The regulations may make further provision for accommodation requirements.
The court can also impose the following types of bail condition (conduct requirements)—
(a) requiring the accused person to reside at the relevant accommodation while at liberty on bail,
(b) if the accommodation requirement is for the purpose of enabling the accused person to be admitted to a residential rehabilitation facility, requiring the accused person to be accompanied by a person specified by the court to that facility on release on bail.
A bail condition imposed by a court on the grant of bail can require that the accused person, when released on bail, be released into the care or company of another specified person or class of persons.
A requirement of a kind referred to in subsection (1) is an
This section applies if an accused person is—
(a) subject to the requirement to show cause under section 16A for a show cause offence referred to in section 16B(1)(c1), and
(b) granted bail.
The grant of bail must be subject to a bail condition that the accused person be subject to electronic monitoring, unless the bail authority is satisfied sufficient reasons exist, in the interests of justice, to justify not imposing the condition.
If the grant of bail is subject to a condition referred to in subsection (2)—
(a) the accused person must remain in custody until the person has been fitted with a device that permits the electronic monitoring of the person, and
Note— See section 42 and the regulations, which provide that a person who has custody of an accused person granted bail must give a court notice that the accused person is still in custody within particular timeframes.
(b) the electronic monitoring—
(i) must be conducted by the Commissioner of Corrective Services, and
(ii) must not be conducted by a person other than the Commissioner of Corrective Services.
To avoid doubt, nothing in this section—
(a) (Repealed)
(b) requires or permits a bail authority, in making a decision under Division 1A or Division 2, to be satisfied the accused person’s detention is not justified, or there is not an unacceptable risk, on the basis a bail condition may be imposed requiring the accused person to be subject to electronic monitoring under this section, or
(c) prevents a bail authority from varying the bail conditions to which an accused person is subject, to allow the accused person to be released on bail without being subject to electronic monitoring, if there are sufficient reasons in the interests of justice for the variation.
The regulations may provide for matters relating to the supervision, monitoring and enforcement of electronic monitoring imposed on accused persons as a bail condition under this section.
The following requirements (and no other requirements) can be imposed by a bail authority as pre-release requirements—
(a) a conduct requirement that requires the accused person to surrender his or her passport,
(b) a security requirement,
(c) a requirement that one or more character acknowledgments be provided,
(d) an accommodation requirement,
(e) an accompaniment requirement.
(f) (Repealed)
A requirement of a bail condition is a
A pre-release requirement (other than an accommodation requirement) is complied with when the requirements specified in the bail condition that imposes the pre-release requirement, and any requirements specified in the regulations, are complied with.
An accommodation requirement is complied with when the court is informed by an appropriate Government representative, in writing or in person, that suitable accommodation has been secured for the accused person.
An accompaniment requirement is complied with when the specified person, or a person of the specified class of persons, is present at the place from which the accused person is to be released on bail for the purpose of accompanying the accused person away from the place.
If all pre-release requirements are complied with, the accused person is entitled to be released (subject to the other provisions of this Act) without any rehearing of the matter.
(Repealed)
In this section, an
(a) the Director-General of the Department of Family and Community Services or a delegate of the Director-General (if the accused person is a child), or
(b) the Director-General of the Department of Attorney General and Justice or a delegate of the Director-General, or
(c) the Commissioner of Corrective Services or a delegate of the Commissioner, or
(d) any other person prescribed by the regulations.
Bail conditions can include one or more enforcement conditions that are imposed for the purpose of monitoring or enforcing compliance with another bail condition (the
An
An enforcement condition can be imposed—
(a) by a court only, and
(b) only at the request of the prosecutor in the proceedings.
An enforcement condition is to specify—
(a) the kinds of directions that may be given to the person while at liberty on bail, and
(b) the circumstances in which each kind of direction may be given (in a manner that ensures that compliance with the condition is not unduly onerous), and
(c) the underlying bail condition or conditions in connection with which each kind of direction may be given.
For example, an enforcement condition imposed in connection with an underlying bail condition that requires a person to refrain from consuming drugs or alcohol may require the person to undergo testing for drugs or alcohol as directed by a police officer and may include specifications as to when such directions may be given.
An enforcement condition can be imposed only if the court considers it reasonable and necessary in the circumstances, having regard to the following—
(a) the history of the person granted bail (including criminal history and particularly if the person has a criminal history involving serious offences or a large number of offences),
(b) the likelihood or risk of the person committing further offences while at liberty on bail,
(c) the extent to which compliance with a direction of a kind specified in the condition may unreasonably affect persons other than the person granted bail.
A bail condition must not require an accused person be subject to electronic monitoring other than a bail condition imposed under section 28B.
A bail authority or authorised justice may, for the purpose of exercising any of its functions in relation to bail, take into account any evidence or information that the bail authority or authorised justice considers credible or trustworthy in the circumstances and is not bound by the principles or rules of law regarding the admission of evidence.
This section does not apply—
(a) to proceedings for an offence in relation to bail, or
(b) to proceedings under Schedule 2 (Forfeiture of security).
Any matter that must be decided by a bail authority or authorised justice in exercising a function in relation to bail is to be decided on the balance of probabilities.
This section does not apply to proceedings for an offence in relation to bail.
This Division sets out the procedures applicable to all bail decisions. Additional procedures apply to police under Division 1 of Part 5.
A bail authority that grants bail to an accused person must, as soon as practicable, ensure the person is given a bail acknowledgment for the decision.
A
(a) requires the accused person to appear before a court, on such day and at such time and place as are from time to time specified in a notice given or sent to the person as prescribed by the regulations, and
(b) requires the accused person to notify the court before which the accused person is required to appear of any change in the person’s residential address.
An accused person is not entitled to be released on bail under Part 2 until he or she signs the bail acknowledgment and gives it to the bail authority.
An accused person who is granted bail is under a duty to comply with the requirements of the bail acknowledgment.
An accused person who fails to appear as required by the bail acknowledgment commits an offence. Contravention of the requirements of a bail acknowledgment can also lead to bail being revoked.
The bail acknowledgment must also—
(a) warn the person that committing an offence while on bail could result in a more severe penalty being imposed on conviction for that offence, and
(b) set out the bail conditions (if any), and
(c) explain the consequences that may follow if the person fails to comply with his or her bail acknowledgment or bail conditions, and
(d) include any information regarding the review or variation of the decision the regulations require to be provided when bail is granted.
The bail authority is to take reasonably practicable steps to ensure that the person granted bail understands the bail acknowledgment.
The regulations may make further provision for bail acknowledgments.
A court that refuses bail or that revokes bail must, as soon as practicable, ensure the accused person is given—
(a) a written notice setting out the terms of the decision, and
(b) any information regarding the review or variation of the decision the regulations require to be provided when bail is refused.
The regulations may make further provision for the requirement to give notice under this section and this section has effect subject to the regulations.
A bail authority or authorised justice that varies any bail condition must ensure the accused person is given a written notice setting out the terms of the bail condition as varied.
A bail authority must take all reasonable steps to ensure that a person who enters into a bail security agreement is made aware of—
(a) the obligations of the person under that agreement, and
(b) the consequences that may follow if the person granted bail fails to comply with his or her bail acknowledgment.
A bail authority must ensure that any person (other than an accused person) who enters into a bail security agreement in compliance with a bail condition is given a written notice setting out the terms of the condition.
A bail authority that varies a bail condition that requires entry into a bail security agreement must ensure that any person (other than the accused person) who entered into a bail security agreement in compliance with the bail condition is given a written notice setting out the terms of the condition as varied.
A bail authority must, before a person provides a character acknowledgment, take all reasonable steps to ensure that the person is informed that providing false or misleading information in a character acknowledgment is a serious offence.
The provision of false or misleading information to a public authority or to a person exercising functions under a law of the State is an offence under section 307B of the Crimes Act 1900.
A bail authority must ensure that any person who provides a character acknowledgment is given a written notice setting out the terms of the bail condition under which the acknowledgment is required.
A bail authority that varies a bail condition that requires provision of a character acknowledgment must ensure that any person who provided a character acknowledgment in compliance with the bail condition is given a written notice setting out the terms of the condition as varied.
A bail authority that refuses bail must immediately record the reasons for refusing bail, including (if bail was refused because of an unacceptable risk) the unacceptable risk or risks identified by the bail authority.
A bail authority that imposes bail conditions must immediately make a record that—
(a) specifies the reasons for not granting bail unconditionally, and
(b) sets out the bail concern or concerns identified by the bail authority.
The record must include the bail authority’s reasons for imposing any security requirement or requiring any character acknowledgments.
If an accused person requests that certain bail conditions be imposed, and other bail conditions are imposed, the bail authority must record reasons for imposing the other conditions.
The regulations may make provision for the making of records under this section and the manner of retaining and otherwise dealing with those records.
A court or authorised justice may, if bail is refused to an accused person or is revoked, issue a warrant remanding the accused person to a correctional centre or other place of security.
A court or authorised justice may, if a person granted bail fails to sign a bail acknowledgment, issue a warrant remanding the accused person to a correctional centre or other place of security until the person signs the acknowledgment concerned.
A court or authorised justice may, if a person granted bail has not complied with any pre-release requirement of a bail condition, issue a warrant remanding the accused person to a correctional centre or other place of security until the bail condition is complied with.
A decision of a court to grant bail or dispense with bail for a serious offence is stayed if—
(a) a bail decision for the offence, other than a bail decision under section 54, has not previously been made by a court, and
(b) a police officer or Australian legal practitioner appearing on behalf of the Crown immediately—
(i) informs the court that a detention application is to be made to the Supreme Court, and
(ii) provides the court with a copy of the written approval of an authorised officer or the Director of Public Prosecutions to make a detention application to the Supreme Court if bail is granted or dispensed with.
The stay of the decision has effect until one of the following occurs (whichever happens first)—
(a) the Supreme Court affirms or varies the decision, or substitutes another decision for the bail decision, or refuses to hear the detention application,
(b) a police officer or some other person acting on behalf of the Crown files with the Supreme Court, or such other court as may be prescribed by the regulations, notice that the Crown does not intend to proceed with the detention application,
(c) 4pm on the day that is 3 business days after the day on which the decision was made.
A bail decision does not entitle a person to be at liberty while the decision is stayed.
A detention application made to the Supreme Court when a decision is stayed under this section is to be dealt with as expeditiously as possible.
In this section—
(a) the offence of murder or any other offence punishable by imprisonment for life, or
(b) an offence under or mentioned in a provision of Part 3 of the Crimes Act 1900 involving sexual intercourse, or an attempt to have sexual intercourse, with a person under the age of 16 years, or
(c) a serious domestic violence offence, or
(d) an offence against the Crimes Act 1900, section 54D, or
(e) an offence against a provision of the Crimes Act 1900, Part 3, Division 10, Subdivision 2.
If an accused person is refused bail for an offence—
(a) an authorised justice or the Local Court is not to adjourn the hearing of the matter for a period exceeding 8 clear days, except with the consent of the accused person, and
(b) an authorised justice who is not a registrar of the Local Court is not to adjourn the hearing of the matter, on a first adjournment, for a period exceeding 3 clear days, and
(c) any second or subsequent adjournment of the hearing by an authorised justice who is not a registrar of the Local Court must—
(i) be for a period not exceeding 48 hours, and
(ii) be to the Local Court constituted by a magistrate, if a magistrate is reasonably available to deal with the case.
Subsection (1) does not apply to an adjournment of a hearing if—
(a) the accused person is in custody for some other offence, and
(b) the authorised justice or court is satisfied that there are reasonable grounds for a longer period of adjournment, and
(c) the accused person would be in custody for the other offence for the balance of the longer period.
The consent of the accused person is not to be sought or given for the purposes of subsection (1) (a) unless the authorised justice or court first advises the person whether or not bail will be granted to the person and the proposed bail conditions (if any).
A person who has custody of an accused person granted bail must cause a court to be given notice that the accused person is still in custody if the accused person is still in custody because a bail condition has not been complied with.
The notice must be given to a court that has power to hear a variation application before the expiration of 8 days after the day bail is granted.
A notice is required to be given only once for any particular grant of bail.
For the purposes of this section, the person who has custody of an accused person is—
(a) the general manager or other person who has the control and management of the correctional centre where the accused person is in custody, or
(b) the person in charge of the lock-up or police station where the accused person is in custody.
The regulations may make provision for the form of a notice under this section and for the information to accompany the notice.
This section does not affect the requirement that an accused person in police custody who is not released on bail granted by a police officer be brought before a court as soon as practicable.
Additional powers are conferred by Parts 8 and 9.
A police officer may make a bail decision for an offence if the person accused of the offence is present at a police station and the officer is—
(a) a police officer of or above the rank of sergeant and present at the police station, or
(b) for the time being in charge of the police station.
A police officer of or above the rank of sergeant at a hospital may make a bail decision for an offence if—
(a) the person accused of the offence is present at the hospital to receive treatment, and
(b) in the opinion of the police officer, it is not reasonable to take the person to a police station due to the person’s incapacity or illness.
A police officer of or above the rank of sergeant at a mental health facility (within the meaning of the Mental Health Act 2007) may, despite subsection (3), make a bail decision for an offence if the person accused of the offence is detained in the mental health facility for assessment under section 19(a) or (b) or section 21(1)(a) or (b) of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 and has been found on assessment at the mental health facility not to be a mentally ill person or mentally disordered person.
The police officer may—
(a) release the person without bail, or
(b) grant bail (with or without the imposition of bail conditions), or
(c) refuse bail.
A police officer cannot make a bail decision if—
(a) a bail decision for the offence has been made by a court, or
(b) the accused person has already made a first appearance for the offence and bail has been dispensed with.
A police officer cannot grant bail or release a person without bail if the accused person has been arrested under a warrant to bring the person before a court for sentencing.
Despite subsection (4), a police officer may grant bail to a person arrested as referred to in that subsection if the police officer is satisfied that exceptional circumstances justify the grant of bail.
A police officer may make a bail decision in respect of a person referred to in section 229 of the Criminal Procedure Act 1986 if the person is unable to be brought before a court immediately after the person’s arrest.
Subject to subsection (3), this Act applies to the person as if—
(a) the person were accused of an offence, and
(b) the proceedings in which the person is required to be examined or produce a document or thing were proceedings for that offence.
In making a bail decision under this section, a police officer may not impose any bail conditions under this Act.
Bail may be granted for the period between—
(a) the police officer making a bail decision for the purposes of this section, and
(b) the person being examined as a witness or producing the document or thing.
See section 230 of the Criminal Procedure Act 1986 for provisions relating to bail decisions made by courts and authorised officers.
A police officer must ensure that, as soon as reasonably practicable after a person in police custody is charged with an offence—
(a) a bail decision is made for the offence by a police officer with power to make a bail decision, or the person is brought before a court to be dealt with according to law, and
(b) the person is given the bail eligibility information.
A record is to be kept, in the form prescribed by the regulations, verifying that the person charged has been given the bail eligibility information.
It is not necessary to give the bail eligibility information to a person if the person is released without bail.
A police officer may defer making a bail decision in respect of an intoxicated person while the person is an intoxicated person, but only if the deferral does not cause delay in bringing the person before a court.
In this section,
A police officer who grants or refuses bail must, without unreasonable delay—
(a) ensure that the accused person is informed that the person may communicate with an Australian legal practitioner or other person of the person’s choice about bail, and
(b) subject to the regulations, ensure the accused person is provided with any facilities the person requests to enable the person to make that communication that the officer is reasonably able to provide.
A police officer is not required to comply with subsection (1) if the officer believes on reasonable grounds that it is necessary to do so in order to prevent—
(a) the escape of an accomplice of the accused person, or
(b) the loss, destruction or fabrication of evidence relating to any offence.
A police officer must ensure any accused person charged with an offence who is refused bail by a police officer with power to grant bail, or is not released on bail granted by a police officer, is brought before a court as soon as practicable to be dealt with according to law.
A police officer must, if it is reasonably practicable to do so, ensure that the facilities prescribed by the regulations are made available to any accused person in police custody who is to be brought, on a first appearance for an offence, before a court more than 4 hours after the person came into custody.
A senior police officer may carry out a review of a bail decision made by a police officer if—
(a) bail was refused, or
(b) bail conditions were imposed.
A senior police officer must carry out a review, at the request of the accused person, if—
(a) bail was refused, or
(b) bail was granted subject to a pre-release requirement and the accused person cannot comply with the pre-release requirement.
A senior police officer may carry out a review on the police officer’s own initiative.
A senior police officer may, after carrying out a review of a bail decision—
(a) affirm the bail decision, or
(b) vary the bail decision.
A review is not to be carried out if to do so would cause a delay in bringing the accused person before a court.
A review is not required if the bail decision has previously been reviewed by a senior police officer.
In this section,
(a) in relation to a bail decision made by a police officer at a police station—
(i) a police officer at the police station who is senior to the police officer who made the bail decision, or
(ii) if no such police officer is available at the police station, any other police officer who is senior to the police officer who made the bail decision, or
(b) in relation to a bail decision made by a police officer at a hospital or a mental health facility (within the meaning of the Mental Health Act 2007), subject to the regulations, any other police officer who is senior to the police officer who made the bail decision.
(Repealed)
A court or authorised justice may make or vary a bail decision, in the manner provided for by this Division, after hearing a bail application.
There are 3 types of bail application—
(a) a release application (which can be made by the accused person), or
(b) a detention application (which can be made by the prosecutor), or
(c) a variation application (which can be made by any interested person).
A bail application can be made to, and heard by, a court or authorised justice only if the court or authorised justice has power to hear the application.
A court or authorised justice has power to hear a bail application in the circumstances specified in Part 6.
In general, a court has power to hear a bail application if—
(a) proceedings for the offence are pending in the court, or
(b) proceedings on an appeal against a conviction or sentence of the court are pending in another court and the accused person has not made a first appearance before the other court, or
(c) the bail decision to be varied was made by the court.
However, additional powers, and restrictions on powers, also apply under Part 6.
A person accused of an offence may apply to a court for bail for the offence to be granted or dispensed with.
An application under this section is a
A court may, after hearing the release application—
(a) dispense with bail, or
(b) grant bail (with or without the imposition of bail conditions), or
(c) refuse bail.
If a bail decision has already been made, a court may, after hearing the release application—
(a) affirm the bail decision, or
(b) vary the bail decision.
The prosecutor in proceedings for an offence may apply to a court for the refusal or revocation of bail for an offence or for the grant of bail with the imposition of bail conditions.
An application under this section is a
A court may, after hearing the detention application—
(a) dispense with bail, or
(b) grant bail (with or without the imposition of bail conditions), or
(c) refuse bail.
If a bail decision has already been made, a court may, after hearing the detention application—
(a) affirm the bail decision, or
(b) vary the bail decision.
A court is not to hear a detention application unless satisfied that the accused person has been given reasonable notice of the application by the prosecutor, subject to the regulations.
To avoid doubt, a prosecutor may oppose a release application made by an accused person to a court without making a detention application.
An interested person may apply to a court or authorised justice for a variation of bail conditions.
An application under this section is a
Each of the following persons is an
(a) the accused person granted bail,
(b) the prosecutor in proceedings for the offence,
(c) the complainant for a domestic violence offence,
(d) the person for whose protection an order is or would be made, in the case of bail granted on an application for an order under the Crimes (Domestic and Personal Violence) Act 2007,
(e) the Attorney General.
A court or authorised justice may, after hearing the variation application—
(a) refuse the application, or
(b) vary the bail decision the subject of the application.
An authorised justice may vary a bail decision only to the extent permitted by this Division.
A court or authorised justice is not to hear a variation application made by a person other than the accused person unless satisfied that the accused person has been given reasonable notice of the application, subject to the regulations.
A court or authorised justice is not to hear a variation application made by a person other than the prosecutor in the proceedings unless satisfied that the prosecutor has been given reasonable notice of the application, subject to the regulations.
A court or authorised justice must not vary a bail decision on the application of a person referred to in subsection (3) (c) or (d) unless the prosecutor in the proceedings has been given a reasonable opportunity to be heard on the application.
A court must not revoke bail on a variation application unless revocation is requested by the prosecutor in the proceedings.
For the purposes of this section, the Commissioner of Police is, in the case of bail granted on an application for an order under the Crimes (Domestic and Personal Violence) Act 2007, taken to be the prosecutor in the proceedings.
An authorised justice may vary a bail decision of a court on a variation application only if the variation application relates to bail conditions that are reviewable by a justice.
The following bail conditions are reviewable by a justice—
(a) a reporting condition, which is a bail condition that requires the person granted bail to report to a police station while at liberty on bail,
(b) a residence condition, which is a bail condition that requires the person granted bail to reside at a specified address,
(c) an association condition, which is a bail condition (however expressed) that requires the person granted bail to refrain from associating with a specified person or class of persons or to refrain from frequenting a specified place or class of places,
(d) a curfew condition, which is a bail condition (however expressed) that imposes a curfew on the person.
After hearing the variation application, the authorised justice may—
(a) vary a reporting condition, or
(b) vary (but not revoke) a residence condition, an association condition or a curfew condition.
An authorised justice is not to vary a bail condition under this section unless satisfied that—
(a) in the case of a variation application made by a person other than the accused person—the accused person has been notified of the application and no objection to the application has been made by the accused person, and
(b) in the case of a variation application made by a person other than the prosecutor in the proceedings—the prosecutor has been notified of the application and no objection to the application has been made by the prosecutor.
An authorised justice is not to vary a bail condition under this section—
(a) at any time before the determination of summary or committal proceedings against the accused person, if the bail condition was imposed by the Supreme Court, or
(b) at any time after the determination of summary or committal proceedings against the accused person.
Subsection (5) does not prevent an authorised justice from varying a reporting condition—
(a) to vary the days on which, or the times at which, an accused person must report to a police station, or
(b) to vary the police station to which the accused person must report.
A court with power to hear a bail application may, of its own motion, on a first appearance by an accused person for an offence—
(a) grant bail to the person (with or without the imposition of bail conditions), or
(b) vary a previous bail decision made for the offence (but not so as to refuse bail).
A court may exercise a power under this section only to benefit the accused person.
This section does not limit the powers of a court when a bail application is made.
This section does not permit the grant of bail, without a bail application, for a show cause offence.
A court or authorised justice with power to hear a bail application may, of its own motion, refuse bail to an accused person or affirm a decision to refuse bail if—
(a) the accused person is in custody and is brought before the court or authorised justice on a first appearance for an offence, and
(b) a bail decision has not been made, or bail has been refused, and
(c) a bail application is not made.
A court that has power to hear a variation application may conduct a hearing (without application) if an accused person granted bail has remained in custody because a bail condition has not been complied with.
The purpose of the hearing is to review the bail conditions imposed on the grant of bail, not the decision to grant bail.
The court may conduct the hearing of its own motion or at the request of the accused person or a police officer.
A hearing under this section is not to be conducted at the request of a police officer unless the court is satisfied that the request was made—
(a) to benefit the accused person, and
(b) with the consent of the accused person.
If the court decides to conduct a hearing, this Act applies (subject to the regulations) as if the hearing were a hearing of a variation application, except that the powers of the court are the powers conferred by this section.
The court may, after hearing a variation application of a kind referred to in this section—
A court may make an order requiring the forfeiture to the Crown of any bail money associated with a bail acknowledgment if satisfied that a person granted bail has failed to appear before a court in accordance with the bail acknowledgment.
An order under this clause is a
A forfeiture order may be made only by—
(a) the court that granted bail, or
(b) the court before which the person granted bail was required to appear under the bail acknowledgment.
A forfeiture order may not be made if more than 3 years have elapsed since the accused person allegedly failed to appear before the court in accordance with the relevant bail acknowledgment.
A court is taken to have made a forfeiture order under this Schedule in respect of any bail money associated with a bail acknowledgment if the court convicts a person of a fail to appear offence in connection with the bail acknowledgment.
An order under this clause is an
This clause does not affect the power of a court to make a forfeiture order in relation to a person who has not been convicted of a fail to appear offence.
The registrar of the court by which a forfeiture order is made must cause written notice of the making of the order to be served on each person affected by the order as soon as practicable after it is made.
A notice under this clause is a
A forfeiture notice—
(a) must contain such information as the regulations require, and
(b) must be sent by post to the person at the person’s address specified in the relevant bail acknowledgment or, if the person has subsequently notified the court of a change of address, to the person’s address most recently notified, and
(c) is presumed to have been served on the person at the end of the seventh day after it was posted, unless the person establishes that it was not delivered to that address within that time.
This clause ceases to apply if, before the notice is sent, an oral objection to the confirmation of the forfeiture order is made under this Part.
Any person affected by a forfeiture order may file an objection to the confirmation of the order in the Local Court.
Such an objection may not be made more than 28 days after service of the forfeiture notice issued for the forfeiture order.
An objection must be made in accordance with rules of court and must include the grounds on which the applicant intends to rely.
The Local Court must ensure that notice of such an objection is given to the appropriate State authority in accordance with the regulations.
If an objection to a forfeiture order is duly made to the Local Court, the Local Court must conduct a hearing to determine whether or not the order should be confirmed.
After conducting a hearing, the Local Court must confirm the forfeiture order unless it is satisfied that the accused person did not fail to comply with the relevant bail acknowledgment, in which case it must set the forfeiture order aside.
However, if it is satisfied that in the circumstances of the case it would be unjust for the forfeiture order to be confirmed in full in respect of a particular person affected by the order, the Local Court—
(a) may vary the order so as to reduce the amount of bail money to be forfeited by that person, and
(b) in that event, must confirm the order as so varied.
The Local Court may be satisfied that it would be unjust for a forfeiture order to be confirmed in full in respect of a particular bail guarantor if it is satisfied that the guarantor took all reasonable steps to ensure that the person granted bail complied with the bail acknowledgment.
This clause does not apply in respect of an automatic forfeiture order.
If an objection to the confirmation of an automatic forfeiture order is duly made to the Local Court, the Local Court must conduct a hearing to determine whether or not the order should be confirmed.
After conducting a hearing, the Local Court must confirm the forfeiture order unless it is satisfied as referred to in subclause (3).
If the Local Court is satisfied that in the circumstances of the case it would be unjust for the forfeiture order to be confirmed in full in respect of a particular person affected by the order, the Local Court—
(a) may vary the order so as to reduce the amount of bail money to be forfeited by that person, and
(b) in that event, must confirm the order as so varied.
The Local Court may be satisfied that it would be unjust for a forfeiture order to be confirmed in full in respect of a particular bail guarantor if it is satisfied that the guarantor took all reasonable steps to ensure that the accused person complied with the relevant bail acknowledgment.
If, after a forfeiture order is made but before a forfeiture notice is served, a person affected by the order appears before the court by which the order was made, that person may make an oral objection to the court against the confirmation of the order.
The court must ensure that notice of the objection is given to the appropriate State authority in accordance with the regulations.
The court may deal with the objection as if it had been an objection filed in the Local Court in response to a forfeiture notice.
A forfeiture order takes effect—
(a) at the expiry of the statutory review period, or
(b) if an objection to the confirmation of the order is duly made to a court before the expiry of the statutory review period, when the order is confirmed by the court.
A forfeiture order does not take effect if it is set aside under this Schedule.
No action may be taken to enforce a forfeiture order until the date the order takes effect.
As soon as a forfeiture order takes effect, the bail money to which it relates—
(a) is forfeited to the Crown, in the case of bail money that is deposited with a bail authority, or
(b) becomes payable to the Crown, in the case of bail money that is agreed to be paid to an authorised officer or court.
In the case of unpaid bail money, any bail security becomes enforceable in accordance with its terms.
No action is to be taken to enforce any bail security the subject of an unconfirmed forfeiture order until 12 months after the date on which the order was made.
In this clause, an
As soon as practicable after a forfeiture order takes effect, the registrar of the court by which the order was made must cause written notice that the order has taken effect to be served on each person affected by the order.
The notice—
(a) must contain such information as the regulations require, and
(b) must be sent by post to the person at the person’s address specified in the relevant bail acknowledgment or, if the person has subsequently notified the court of a change of address, to the person’s address most recently notified, and
(c) is presumed to have been served on the person at the end of the seventh day after it was posted, unless the person establishes that it was not delivered to that address within that time.
The registrar of the court by which a forfeiture order is made is to notify the Commissioner of Fines Administration if any bail money to which a forfeiture order relates remains unpaid after the order takes effect and of the amount of bail money that remains unpaid as at the date of the notice.
A registrar who gives notice under this clause must, on the request of the Commissioner of Fines Administration, provide the Commissioner of Fines Administration with one or more of the following—
(a) a copy of the forfeiture order,
(b) a copy of the bail decision and the relevant bail security agreement,
(c) a copy of all documents evidencing any relevant bail security,
(d) a copy of a certificate, prepared by the registrar who made the notification, indicating the amount of bail money that remained unpaid as at the date notification was given.
A copy of the certificate referred to in subclause (2) (d) is admissible in any legal proceedings and is evidence of the matters stated in the certificate.
Bail money that becomes payable to the Crown as a consequence of a forfeiture order taking effect must be paid—
(a) if paid before the Commissioner of Fines Administration is notified of the order—to the registrar of the court by which the order was made, or
(b) if paid after the Commissioner of Fines Administration is notified of the order—to the Commissioner of Fines Administration.
A bail guarantor by whom an amount of bail money is payable is entitled to the return of any bail security deposited for that amount if he or she pays that amount in money to the court by which the forfeiture order was made or to the Commissioner of Fines Administration, as the case requires.
Any person affected by a forfeiture order may file in the Local Court an application to have the order set aside.
An application may be made by the person only if the person did not object to the confirmation of the forfeiture order within the statutory review period.
An application must be made within 12 months after the date on which the forfeiture order was made.
An application must be made in accordance with rules of court and must include the grounds on which the applicant intends to rely.
The relevant registrar of the Local Court must ensure that copies of such an application are given—
(a) to the appropriate State authority, and
(b) to the Commissioner of Fines Administration.
Action to enforce the order may not be commenced or continued until proceedings on an application under this clause are finally determined.
If an application to have a forfeiture order set aside is duly made to the Local Court and the Court is satisfied that the applicant can be excused for failing to lodge an objection to the order, the Court must conduct a hearing to determine whether or not the order should be set aside.
An applicant can be excused for failing to lodge an objection to a forfeiture order if and only if—
(a) notice of the making of the order was not served on the applicant, and
(b) the applicant did not otherwise become aware that the order had been made before the expiry of the statutory review period.
After conducting a hearing on the application, the Local Court has the same powers to confirm or set aside the order, or vary the order, as it has in respect of an objection to the making of a forfeiture order (subject to the same limitations as would apply if the application had been an objection).
See clauses 6 and 7.
Notice of the Local Court’s determination of the application is to be given to the Commissioner of Fines Administration.
If a court sets aside a forfeiture order, each person affected by the order is entitled to the return of—
(a) any bail money or bail security that has been provided by that person, or seized from that person, in relation to the bail acknowledgment to which the order relates, and
(b) the proceeds of sale of any bail security so provided or seized.
If a court varies a forfeiture order so as to reduce the amount of money forfeited by a particular person affected by the order, that person is entitled to the return of—
(a) any bail money or bail security that has been provided by that person, or seized from that person, in relation to the bail acknowledgment to which the order relates, and
(b) the proceeds of sale of any bail security so provided or seized,
to the extent to which the amount of any such bail money, bail security or proceeds of sale exceeds the reduced amount of money forfeited.
A court that sets aside a forfeiture order may make such orders as are necessary to effect the return of any such bail money, bail security or proceeds of sale.
The Consolidated Fund is appropriated to the extent necessary to enable money that has been paid into that Fund to be returned in accordance with this clause.
An appeal may be made to the District Court under Part 3 of the Crimes (Appeal and Review) Act 2001 against—
(a) the Local Court’s determination of an objection to a forfeiture order, or
(b) the Local Court’s determination of an application to have a forfeiture order set aside.
Part 3 of the Crimes (Appeal and Review) Act 2001 applies, with such modifications as are made by or in accordance with the regulations under this Act, to the appeal as if the Local Court’s determination were a determination of a court attendance notice under Part 2 of Chapter 4 of the Criminal Procedure Act 1986.
The relevant registrar of the Local Court must ensure that notice of the appeal is given—
(a) to the appropriate State authority, and
(b) to the Commissioner of Fines Administration.
Action to enforce the order may not be commenced or continued until proceedings on an appeal under this clause are finally determined.
If a person granted bail is under a duty to appear before the Court of Criminal Appeal in connection with an appeal—
(a) the Court of Criminal Appeal may instead authorise the court from which the appeal arose to take any action under this Schedule that the Court of Criminal Appeal is authorised to take, and
(b) in that event, the court from which the appeal arose may take such action.
The Crown, and the appropriate State authority, are entitled to appear and be heard at, and are taken to be parties to, all proceedings under this Schedule.
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part—
Any act, matter or thing that, immediately before the repeal of the 1978 Act, had effect under that Act continues to have effect under this Act.
In particular, any bail granted under the 1978 Act that had effect immediately before the repeal of that Act is taken, on that repeal—
(a) to have been granted under this Act, and
(b) to continue in force until it would have ceased to have effect under the 1978 Act, unless sooner revoked under this Act.
A power under this Act to continue bail extends to bail referred to in subclause (2).
A power under this Act to revoke or vary a bail decision extends to a decision to grant or refuse bail, or to dispense with the requirement for bail, made under the 1978 Act.
Any variation made to a bail condition under the 1978 Act has effect on the repeal of the 1978 Act as if it had been made under this Act.
A bail undertaking given by a person under section 34 of the 1978 Act and in force on the repeal of that Act is taken, on that repeal—
(a) to be a bail acknowledgment for the decision to grant bail, and
(b) to have been given to the person under this Act.
Accordingly, the obligations imposed on an accused person under such a bail undertaking are taken, on the repeal of the 1978 Act, to be obligations imposed on the accused person under a bail acknowledgment.
A bail agreement entered into under the 1978 Act and in force immediately before the repeal of that Act continues to have effect.
Anything an accused person is required to do or to refrain from doing under the bail agreement is taken, on that repeal, to be a bail condition.
A court or authorised justice may vary the requirements of the bail agreement in the same way as a bail condition (including by releasing the accused person from any of the requirements of the bail agreement).
To avoid doubt, subclauses (2) and (3) do not apply to the bail undertaking given to a court under section 34 of the 1978 Act.
In this clause,
An existing security agreement in force immediately before the repeal of the 1978 Act is taken, on that repeal, to be a bail security agreement.
However, the 1978 Act continues to apply in respect of any forfeiture order made under Part 7A of that Act before its repeal.
Except as provided by subclause (2), this Act extends to bail money agreed to be forfeited under an existing security agreement or bail security deposited, before the repeal of the 1978 Act, as security for the payment of bail money under an existing security agreement.
In Schedule 2, a reference to a fail to appear offence includes a reference to an offence under section 51 of the 1978 Act.
A reference in any existing security agreement to a bail undertaking is taken, for the purposes of this Act, to include a reference to a bail acknowledgment.
In sections 17, 18 and 21—
(a) a reference to a bail acknowledgment includes a reference to any bail undertaking given under section 34 of the 1978 Act, and
(b) a reference to a bail condition includes a reference to a bail condition imposed under the 1978 Act.
An application to a court or authorised justice in relation to bail made by an accused person under the 1978 Act (other than an application referred to in subclause (2)) that is pending on the repeal of that Act is taken, on that repeal, to be a release application.
An application for a review of a decision to grant bail made to a court or authorised justice under Division 2 of Part 6 of the 1978 Act that is pending on the repeal of that Act is taken, on that repeal, to be—
(a) a detention application (if the application is an application for revocation of bail made by the prosecutor in the proceedings), or
(b) a variation application (in any other case).
An application for the grant of bail for an offence that was refused by a court under the 1978 Act is taken, for the purposes of section 74, to have been refused by the court on a release application under this Act.
The enactment of this Act is not a change in circumstances for the purposes of section 74 (3) (c) or (4) (b).
Section 60 of the 1978 Act continues to apply to a document or certificate relating to anything that occurred before the repeal of the 1978 Act.
This clause does not prevent things that occurred before the repeal of the 1978 Act being certified as provided for by section 93 or 94 of this Act.
The repeal of the 1978 Act does not revive any power or duty that would exist, apart from statute, to grant bail.
An amendment made to this Act by the Bail Amendment Act 2014 extends to offences committed or alleged to have been committed, or charged, before the commencement of the amendment.
An amendment made to this Act by the Bail Amendment Act 2014 is not a change in circumstances for the purposes of section 74 (3) (c) or (4) (b).
An amendment made to this Act by the Bail and Crimes Amendment Act 2024 extends to offences committed or alleged to have been committed, or charged, before the commencement of the amendment.
An amendment made to this Act by the Bail and Other Legislation Amendment (Domestic Violence) Act 2024 extends to offences committed or alleged to have been committed, or charged, before the commencement of the amendment.
In this part—
An amendment made to this Act by the amendment Act extends to offences committed, or alleged to have been committed, or charged before the commencement date.
This clause applies if, immediately before the commencement date, the grant of bail for an accused person was subject to a condition (a
During the transition period—
(a) the private electronic monitoring condition continues to apply as if the amendment Act had not commenced, and
(b) the private electronic monitoring continues as if the amendment Act had not commenced.
If, at the end of the transition period, the accused person’s bail has not been varied by a court to remove the private electronic monitoring condition—
(a) the accused person is taken to have failed to comply with the bail condition, and
(b) the accused person must be dealt with under section 77, other than section 77(1)(a) or (b), as if the accused person had failed to comply with the bail condition.
The fact an accused person will no longer be able to rely on compliance with a private electronic monitoring condition at the end of the transition period constitutes a change in circumstances for the purposes of section 74.
In this clause—
(a) starting on the commencement date, and
(b) ending on the day that is 3 months after the commencement date.
In this part—
(a) section 40(1),
(b) section 43(3)(a),
(c) section 64(3),
(d) section 66(1) or (2).
A bail decision made by an authorised justice in force immediately before the commencement continues in force as if the amendment Act had not commenced.
This clause applies if—
(a) a court or police officer is making a bail decision under an amended provision, and
(b) the decision relates to a bail decision (a
prior bail decision ) made by an authorised justice before the commencement that was still in force immediately before the commencement.
To avoid doubt, from the commencement—
(a) the prior bail decision continues to apply for the purposes of the decision being made by the court or police officer, and
(b) a decision by the court or police officer under the amended provision must be made as if the prior bail decision continued for that purpose.
Bail Act 2013 No 26. Assented to 27.5.2013. Date of commencement, 20.5.2014, sec 2 and 2014 (234) LW 24.4.2014. This Act has been amended as follows—
No 82 | Fines Amendment Act 2013. Assented to 29.10.2013. Date of commencement, 1.12.2013, sec 2. | |
No 5 | Bail (Consequential Amendments) Act 2014. Assented to 12.3.2014. Date of commencement, 20.5.2014, sec 2 and 2014 (235) LW 24.4.2014. | |
No 52 | Bail Amendment Act 2014. Assented to 25.9.2014. Date of commencement, 28.1.2015, sec 2 and 2015 (12) LW 16.1.2015. | |
No 44 | Bail Amendment Act 2015. Assented to 5.11.2015. Date of commencement, 6.12.2016, sec 2 and 2016 (721) LW 2.12.2016. Amended by Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016 No 54. Assented to 25.10.2016. Date of commencement, assent, sec 2. | |
No 48 | Industrial Relations Amendment (Industrial Court) Act 2016. Assented to 18.10.2016. Date of commencement of Sch 2, 8.12.2016, sec 2 (1) and 2016 (674) LW 15.11.2016. | |
No 54 | Justice Portfolio Legislation (Miscellaneous Amendments) Act 2016. Assented to 25.10.2016. Date of commencement, assent, sec 2. | |
No 40 | Justice Legislation Amendment Act 2017. Assented to 14.8.2017. Date of commencement of Sch 1.1, assent, sec 2 (1). | |
No 44 | Justice Legislation Amendment Act (No 2) 2017. Assented to 25.9.2017. Date of commencement of Sch 1.1, assent, sec 2 (1). | |
No 53 | Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017. Assented to 24.10.2017. Date of commencement, 24.9.2018, sec 2 and 2018 (534) LW 21.9.2018. Amended by Statute Law (Miscellaneous Provisions) Act 2018 No 25. Assented to 15.6.2018. Date of commencement of Sch 1.6, assent, Sch 1.6. | |
No 68 | Terrorism (High Risk Offenders) Act 2017. Assented to 30.11.2017. Date of commencement of Sch 2.1, 19.1.2018, sec 2 (3) and 2018 (8) LW 19.1.2018. | |
No 87 | Justice Legislation Amendment Act (No 3) 2018. Assented to 28.11.2018. Date of commencement of Sch 1.2 [1]–[3], 31.5.2019, sec 2 (2) and 2019 (211) LW 31.5.2019; date of commencement of Sch 1.2 [4], assent, sec 2 (1). | |
No 20 | Justice Legislation Amendment Act (No 2) 2019. Assented to 22.11.2019. Date of commencement of Sch 1.1, 19.3.2020, sec 2(2) and 2020 (97) LW 19.3.2020. | |
No 12 | Mental Health and Cognitive Impairment Forensic Provisions Act 2020. Assented to 23.6.2020. Date of commencement, 27.3.2021, sec 2 and 2021 (116) LW 19.3.2021. | |
No 31 | Stronger Communities Legislation Amendment (Miscellaneous) Act 2020. Assented to 27.10.2020. Date of commencement of Sch 1.1, assent, sec 2(1). | |
No 27 | Bail Amendment Act 2022. Assented to 27.6.2022. Date of commencement, assent, sec 2. | |
No 39 | Justice Legislation Amendment (Miscellaneous) Act 2023. Assented to 30.10.2023. Date of commencement, assent, sec 2. | |
No 41 | Industrial Relations Amendment Act 2023. Assented to 5.12.2023. Date of commencement of Sch 2, 1.7.2024, sec 2 and 2024 (131) LW 26.4.2024. | |
No 18 | Bail and Crimes Amendment Act 2024. Assented to 3.4.2024. Date of commencement, assent, sec 2. | |
No 30 | Bail and Other Legislation Amendment (Domestic Violence) Act 2024. Assented to 20.6.2024. Date of commencement of Sch 1[1]–[4] [8] [10] and [11], 1.7.2024, sec 2 and 2024 (284) LW 1.7.2024; date of commencement of Sch 1[5]–[7], 11.10.2024, sec 2 and 2024 (519) LW 11.10.2024; date of commencement of Sch 1[9], 14.3.2025, sec 2 and 2025 (99) LW 14.3.2025. Amended by Crimes (Domestic and Personal Violence) and Other Legislation Amendment Act 2024 No 59. Assented to 27.9.2024. Date of commencement of Sch 2.1, 11.10.2024, sec 2(a) and 2024 (520) LW 11.10.2024. | |
No 16 | Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Act 2025. Assented to 2.4.2025. Date of commencement, assent, sec 2. | |
No 28 | Bail Amendment (Ban on Private Electronic Monitoring) Act 2025. Assented to 11.6.2025. Date of commencement, assent, sec 2. | |
No 61 | Local Court and Bail Legislation Amendment Act 2025. Assented to 28.10.2025. Date of commencement of Sch 2: not in force; date of commencement of Sch 3, assent, sec 2(a). | |
No 62 | Justice Legislation Amendment (Miscellaneous) Act (No 2) 2025. Assented to 28.10.2025. Date of commencement of Sch 2, assent, sec 2(c). |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Preamble | Ins 2014 No 52, Sch 1 [1]. |
Sec 3 | Am 2014 No 52, Sch 1 [2]. |
Sec 4 | Am 2014 No 52, Sch 1 [3] [4]; 2015 No 44, Schs 1 [1], 2 [1]; 2016 No 54, Sch 1.1 [1]; 2016 No 48, Sch 2.3 [1]; 2017 No 68, Sch 2.1; 2020 No 31, Sch 1.1[1] [2]; 2023 No 39, Sch 1[1]; 2023 No 41, Sch 2.3[1]; 2024 No 30, Sch 1[1]; 2025 No 61, Sch 3.1[1]. |
Sec 10 | Am 2025 No 61, Sch 3.1[2]. |
Sec 11 | Am 2025 No 61, Sch 3.1[3] [4]. |
Sec 12 | Am 2025 No 61, Sch 3.1[5]. |
Sec 15 | Am 2025 No 61, Sch 3.1[6]. |
Sec 16 | Subst 2014 No 52, Sch 1 [5]. |
Part 3, Div 1A | Ins 2014 No 52, Sch 1 [6]. |
Sec 16A | Ins 2014 No 52, Sch 1 [6]. |
Sec 16B | Ins 2014 No 52, Sch 1 [6]. Am 2015 No 44, Schs 1 [2] (am 2016 No 54, Sch 1.2 [1]) [3], 2 [2]; 2016 No 54, Sch 1.1 [2]; 2017 No 40, Sch 1.1 [1] [2]; 2018 No 87, Sch 1.2 [1] [2]; 2024 No 30, Sch 1[2]. |
Part 3, Div 2, heading | Subst 2014 No 52, Sch 1 [7]. |
Sec 17 | Subst 2014 No 52, Sch 1 [8]. |
Sec 18 | Subst 2014 No 52, Sch 1 [8]. Am 2015 No 44, Schs 1 [4] (am 2016 No 54, Sch 1.2 [2]) [5] [6], 2 [3]; 2017 No 53, Sch 4.2 [1] [2]; 2018 No 87, Sch 1.2 [3]; 2024 No 30, Sch 1[3] [4]. |
Secs 19, 20 | Subst 2014 No 52, Sch 1 [8]. |
Sec 20A | Ins 2014 No 52, Sch 1 [8]. |
Part 3, Div 2A, heading | Ins 2014 No 52, Sch 1 [8]. |
Sec 21 | Am 2014 No 52, Sch 1 [9]. |
Sec 22 | Am 2014 No 52, Sch 1 [10]. |
Sec 22A | Ins 2015 No 44, Sch 2 [4]. |
Sec 22B | Ins 2022 No 27, Sch 1[1]. Am 2023 No 39, Sch 1[2]. |
Sec 22C | Ins 2024 No 18, Sch 1[1]. Am 2025 No 16, Sch 1[1]. |
Sec 22D | Ins 2025 No 16, Sch 1[2]. |
Sec 23 | Am 2014 No 52, Sch 1 [11]. |
Sec 24 | Rep 2014 No 52, Sch 1 [12]. |
Sec 26 | Am 2014 No 5, Sch 1 [1] [2]; 2014 No 52, Sch 1 [13]. |
Sec 28 | Am 2015 No 44, Sch 1 [7] [8]; 2025 No 61, Sch 3.1[2]. |
Sec 28A | Ins 2023 No 39, Sch 1[3]. Am 2025 No 61, Sch 3.1[2]. |
Sec 28B | Ins 2024 No 30, Sch 1[5] (am 2024 No 59, Sch 2.1[1] [2]). Am 2025 No 28, Sch 1[1]–[3]. |
Sec 29 | Am 2023 No 39, Sch 1[4] [5]; 2024 No 30, Sch 1[6] (am 2024 No 59, Sch 2.1[3]) [7]; 2025 No 28, Sch 1[4] [5]. |
Sec 30A | Ins 2022 No 27, Sch 1[2]. Subst 2025 No 28, Sch 1[6]. |
Sec 31 | Am 2025 No 61, Sch 3.1[6]. |
Sec 32 | Am 2025 No 61, Sch 3.1[6]. |
Sec 33 | Am 2014 No 5, Sch 1 [3]. |
Sec 34 | Am 2025 No 61, Sch 3.1[2]. |
Sec 35 | Am 2025 No 61, Sch 3.1[6]. |
Sec 38 | Am 2014 No 52, Sch 1 [14] [15]. |
Sec 40 | Am 2020 No 31, Sch 1.1[3]; 2024 No 30, Sch 1[8]; 2025 No 61, Sch 3.1[2]. |
Sec 42 | Am 2025 No 61, Sch 3.1[2]; 2025 No 62, Sch 2. |
Sec 43 | Am 2015 No 44, Sch 1 [9]; 2017 No 44, Sch 1.1 [1]; 2020 No 12, Sch 3.1; 2025 No 61, Sch 3.1[2]. |
Sec 43A | Ins 2019 No 20, Sch 1.1[1]. Am 2025 No 61, Sch 3.1[7]–[9]. |
Sec 44 | Am 2025 No 61, Sch 3.1[2]. |
Sec 46 | Am 2025 No 61, Sch 3.1[2]. |
Sec 47 | Am 2014 No 52, Sch 1 [16]–[18]; 2015 No 44, Sch 1 [10]; 2017 No 44, Sch 1.1 [2]. |
Sec 49 | Am 2025 No 61, Sch 3.1[2]. |
Sec 50 | Am 2014 No 5, Sch 1 [4]; 2016 No 54, Sch 1.1 [3]; 2025 No 61, Sch 3.1[2]. |
Sec 53 | Am 2014 No 52, Sch 1 [19]; 2025 No 61, Sch 3.1[2]. |
Sec 55 | Am 2025 No 61, Sch 3.1[2]. |
Sec 57 | Am 2025 No 61, Sch 3.1[10]. |
Sec 58 | Am 2025 No 61, Sch 3.1[11]. |
Sec 63 | Am 2025 No 61, Sch 3.1[12]. |
Sec 64 | Am 2014 No 5, Sch 1 [5]; 2025 No 61, Sch 3.1[2] [10] [13]. |
Sec 65 | Am 2018 No 87, Sch 1.2 [4]. |
Sec 66 | Am 2025 No 61, Sch 3.1[14]. |
Sec 67 | Am 2016 No 48, Sch 2.3 [2]; 2023 No 41, Sch 2.3[2]. |
Sec 68 | Am 2016 No 54, Sch 1.1 [4]; 2018 No 87, Sch 1.2 [4]; 2025 No 61, Sch 3.1[10]. |
Sec 69 | Am 2016 No 48, Sch 2.3 [3]; 2023 No 41, Sch 2.3[3]. |
Sec 70 | Rep 2025 No 61, Sch 3.1[15]. |
Sec 70A | Ins 2024 No 30, Sch 1[9]. Subst 2025 No 61, Sch 3.1[16]. |
Sec 72 | Am 2025 No 61, Sch 3.1[2]. |
Sec 74 | Am 2014 No 52, Sch 1 [20]. |
Sec 77 | Am 2019 No 20, Sch 1.1[2]; 2025 No 61, Sch 3.1[2]. |
Sec 77A | Ins 2019 No 20, Sch 1.1[3]. |
Sec 78 | Am 2015 No 44, Sch 1 [11] [12]; 2025 No 61, Sch 3.1[17] [18]. |
Sec 80 | Am 2016 No 48, Sch 2.3 [4]; 2023 No 41, Sch 2.3[4]. |
Sec 88 | Am 2014 No 5, Sch 1 [6] [7]. |
Sec 94 | Am 2016 No 48, Sch 2.3 [5]; 2023 No 41, Sch 2.3[5]. |
Sec 95 | Am 2016 No 48, Sch 2.3 [6]; 2023 No 41, Sch 2.3[6]. |
Sec 98 | Am 2014 No 5, Sch 1 [8]. |
Sec 100 | Rep 1987 No 15, sec 30C. |
Sec 102 | Ins 2024 No 30, Sch 1[10]. |
Sch 1 | Am 2017 No 53, Sch 4.2 [3] (am 2018 No 25, Sch 1.6 [10]) [4] (am 2018 No 25, Sch 1.6 [11]). |
Sch 2 | Am 2013 No 82, Sch 2.2. |
Sch 3 | Am 2014 No 52, Sch 1 [21]–[23]; 2024 No 18, Sch 1[2]; 2024 No 30, Sch 1[11]; 2025 No 28, Sch 1[7]; 2025 No 61, Sch 3.1[19]. |
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