Bail Amendment Act 2025 (Vic)
Bail Amendment Act 2025
No. 8 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Principal Act
Part 2—Amendment of Bail Act 1977
4Guiding principles—community safety
5Determination in relation to a child
6Arrest of person released on bail
7Section 30A repealed
8New section 30B inserted
9Review of certain amendments
10Transitional provisions
11Schedule 1 amended
12Schedule 2 amended
13Schedule 3 amended
Part 3—Amendment of Summary Offences Act 1966
14New section 49F inserted
15Power to serve infringement notice
Part 4—Amendment of other Acts
16Fisheries Act 1995
17Youth Justice Act 2024
Part 5—Repeal of this Act
18Repeal of this Act
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Endnotes
1 General information
Bail Amendment Act 2025
No. 8 of 2025
[Assented to 25 March 2025]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The purposes of this Act are—
(a)to amend the Bail Act 1977—
(i)to clarify that Act's guiding principle relating to maximising community safety; and
(ii)to clarify how a bail decision maker must take into account the need to impose on a child the minimum intervention required in the circumstances; and
(iii)to provide that a person who is arrested while on bail may, in certain circumstances, be brought before a court rather than a bail justice; and
(iv)to replace the offence of committing a Schedule 1 offence or a Schedule 2 offence while on bail with an offence of committing an indictable offence while on bail; and
(v)to provide that the operation of the amendments made by this Act are to be part of the subject of the review for which section 32C of the Bail Act 1977 provides; and
(vi)to provide for certain Schedule 2 offences to instead be Schedule 1 offences; and
(vii)to provide for additional offences to be Schedule 2 offences; and
(b)to amend the Summary Offences Act 1966 to provide that it is to be an offence to contravene a conduct condition while on bail; and
(c)to make consequential amendments to the Fisheries Act 1995 and the Youth Justice Act 2024.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 29 September 2025, it comes into operation on that day.
3Principal Act
In this Act the Bail Act 1977 is called the Principal Act.
PART 2—AMENDMENT OF BAIL ACT 1977
4Guiding principles—community safety
(1)After the heading to section 1B of the Principal Act insert—
"(1AA)The Parliament recognises the overarching importance of maximising, to the greatest extent possible, the safety of the community and persons affected by crime.".
(2)In section 1B(1) of the Principal Act, for "The Parliament recognises" substitute "The Parliament also recognises".
(3)Section 1B(1)(a) of the Principal Act is repealed.
(4)In section 1B(2) of the Principal Act, for "subsection (1)." substitute "subsections (1AA) and (1)."
5Determination in relation to a child
In section 3B(1)(b) of the Principal Act, for "circumstances, with the remand of the child being a last resort;" substitute "circumstances;".
6Arrest of person released on bail
For section 24(2) of the Principal Act substitute—
"(2)If a person is arrested under subsection (1) or is handed into the custody of a police officer under subsection (1A), a police officer must deal with the person as follows—
(a)if the person was arrested or handed into custody within 24 hours before the time at which the person is bound by the bail undertaking to attend before a court, a police officer must bring the person before that court at that time; or
(b)if the person was not arrested or handed into custody within the period described in paragraph (a), a police officer must, as soon as practicable (and in any event within 24 hours) bring the person before—
(i)if it is then within ordinary court sitting hours, a court; or
(ii)if it is then outside ordinary court sitting hours, a bail justice.".
7Section 30A repealed
Section 30A of the Principal Act is repealed.
8New section 30B inserted
Before section 31 of the Principal Act insert—
"30B Offence to commit indictable offence while on bail
An accused on bail must not commit an indictable offence while on bail.
Penalty:30 penalty units or 3 months imprisonment.
Note
See sections 16 and 33 of the Sentencing Act 1991 and sections 411 and 413 of the Children, Youth and Families Act 2005.".
9Review of certain amendments
(1)In section 32C(1) of the Principal Act—
(a)omit "the amendments made to this Act by";
(b)in paragraph (a), before "the Bail Amendment Act 2023" insert "the amendments made to this Act by";
(c)in paragraph (b)—
(i)before "Part 22.1" insert "the amendments made to this Act by";
(ii)for "Part)." substitute "Part); and";
(d)after paragraph (b) insert—
"(c)the amendments made to this Act and to the Summary Offences Act 1966 by the Bail Amendment Act 2025.".
(2)In section 32C(2) of the Principal Act, for "Bail Amendment Act 2023" substitute "Bail Amendment Act 2025".
10Transitional provisions
After section 34(24A) of the Principal Act insert—
"(24B)An amendment made to this Act by the Bail Amendment Act 2025 ( other than by section 8 of that Act) applies to an application made, or an appeal commenced, under this Act on or after the commencement of that amendment, regardless of when the offence is alleged to have been committed.
(24C)Section 30B applies in respect of an offence alleged to have been committed on or after the commencement of section 8 of the Bail Amendment Act 2025.".
11Schedule 1 amended
(1)After item 2 of Schedule 1 to the Principal Act insert—
"3.An offence against section 75A of the Crimes Act 1958 (armed robbery).
3A.An offence against section 77 of the Crimes Act 1958 (aggravated burglary).
3B.An offence against section 77A of the Crimes Act 1958 (home invasion).".
(2)After item 4 of Schedule 1 to the Principal Act insert—
"4A.An offence against section 79 of the Crimes Act 1958 (carjacking).".
12Schedule 2 amended
(1)After item 8 of Schedule 2 to the Principal Act insert—
"8A.An offence against section 29(1) of the Crimes Act 1958 (using firearm to resist arrest etc.).".
(2)After item 21 of Schedule 2 to the Principal Act insert—
"21A.An offence against section 74(1) of the Crimes Act 1958 (theft) in circumstances where—
(a)the offence is committed in relation to a motor vehicle; and
(b)the accused is also accused of an offence against—
(i)section 22 of the Crimes Act 1958 (conduct endangering life); or
(ii)section 23 of the Crimes Act 1958 (conduct endangering persons); or
(iii)section 64A(1) of the Road Safety Act 1986 (driving a motor vehicle when directed to stop); and
(c)the conduct that is alleged to constitute the offence referred to in paragraph (b) is alleged to involve the accused using the motor vehicle referred to in paragraph (a).
21B.An offence against section 74(1) of the Crimes Act 1958 (theft) in circumstances where—
(a)the offence is committed in relation to a motor vehicle; and
(b)the accused is also—
(i)accused of an offence against section 5AA of the Control of Weapons Act 1990 in circumstances where it is alleged that the offence was committed by possessing a prohibited weapon; or
(ii)accused of an offence against section 6(1) of the Control of Weapons Act 1990 in circumstances where it is alleged that the offence was committed by possessing a controlled weapon; and
(c)the accused is alleged to have possessed the prohibited weapon or controlled weapon in the course of stealing (within the meaning of section 72 of the Crimes Act 1958) the motor vehicle referred to in paragraph (a).".
(3)After item 22(aa) of Schedule 2 to the Principal Act insert—
"(aab)section 74AA (theft of firearm);".
(4)Item 22(a), (b) and (c) of Schedule 2 to the Principal Act are repealed.
(5)For item 22(d) of Schedule 2 to the Principal Act substitute—
"(d)section 197(2) (destroying or damaging property) in circumstances where the offence is committed by destroying or damaging property by fire.
Note
Under section 197(6) of the Crimes Act 1958, this offence shall be charged as arson.".
(6)In item 23 of Schedule 2 to the Principal Act, for "use a firearm, offensive weapon, or explosive as defined by section 77 of the Crimes Act 1958." substitute—
"use—
(a)a firearm, offensive weapon, or explosive as defined by section 77(1A) of the Crimes Act 1958; or
(b)a controlled weapon or prohibited weapon as defined by section 3 of the Control of Weapons Act 1990.".
(7)After item 29 of Schedule 2 to the Principal Act insert—
"30.An offence against section 5(1) of the Firearms Act 1996 (prohibited person possessing, carrying or using a firearm).
30A.An offence against section 5(2) of the Firearms Act 1996 (prohibited person possessing, carrying or using a silencer or any other prescribed item) in circumstances where the offence is committed in relation to a silencer.
30B.An offence against section 7C(1) of the Firearms Act 1996 (possession of a traffickable quantity of firearms).
30C.An offence against section 112B of the Firearms Act 1996 (acquiring, possessing, carrying or using a firearm or firearm related item in contravention of a firearm prohibition order).
30D.An offence against section 130(1) of the Firearms Act 1996 (possessing a loaded firearm in certain places) in circumstances where the offence is committed in a public place.
30E.An offence against section 130(1B) of the Firearms Act 1996 (using a firearm in certain places) in circumstances where the offence is committed in a public place.
30F.An offence against section 131A(1) of the Firearms Act 1996 (discharging a firearm at a vehicle, vessel, aircraft or premises).
30G.An offence against section 131A(2) of the Firearms Act 1996 (discharging a firearm at a vehicle, vessel, aircraft or premises while carrying out a serious indictable offence).".
13Schedule 3 amended
After item 10 of Schedule 3 to the Principal Act insert—
"10A.An offence against section 49F of the Summary Offences Act 1966 (contravening conduct condition of bail undertaking).".
PART 3—AMENDMENT OF SUMMARY OFFENCES ACT 1966
14New section 49F inserted
After section 49E of the Summary Offences Act 1966 insert—
"49F Contravening certain conduct conditions of bail undertakings
(1)Subject to subsections (2) and (3), an accused on bail must not, without reasonable excuse, contravene a conduct condition to which the grant of bail is subject.
Penalty:30 penalty units or 3 months imprisonment.
(2)The reference in subsection (1) to a conduct condition does not refer to a conduct condition that requires the accused to attend and participate in bail support services.
(3)Subsection (1) does not apply to a child.
(4)In this section—
bail support service has the same meaning as in the Bail Act 1977;
child has the same meaning as in the Children, Youth and Families Act 2005;
conduct condition has the same meaning as in the Bail Act 1977.".
15Power to serve infringement notice
(1)In section 60AA(1) of the Summary Offences Act 1966, for "or 17A" substitute "17A, or 49F".
(2)At the end of the note at the foot of section 60AA(1) of the Summary Offences Act 1966 insert—
"Section 49F deals with a person who is on bail contravening a conduct condition to which the grant of bail is subject.".
(3)After section 60AA(1C) of the Summary Offences Act 1966 insert—
"(1D)An authorised officer within the meaning of the Fisheries Act 1995 may serve an infringement notice on a person who the authorised officer has reason to believe has committed an offence against section 49F while on bail in relation to an offence against the Fisheries Act 1995 or an associated offence within the meaning of that Act.".
PART 4—AMENDMENT OF OTHER ACTS
16Fisheries Act 1995
(1)For section 98(1)(d) of the Fisheries Act 1995 substitute—
"(d)an offence against section 30(1) or 30B of the Bail Act 1977 in respect of a grant of bail for an offence against this Act;".
(2)In section 98(1)(k) of the Fisheries Act 1995, for "Act." substitute "Act;".
(3)After section 98(1)(k) of the Fisheries Act 1995 insert—
"(l)an offence against section 49F(1) of the Summary Offences Act 1966 in respect of a grant of bail for an offence against this Act.".
17Youth Justice Act 2024
(1)After Part 19.16 of the Youth Justice Act 2024 insert—
'PART 19.16A—AMENDMENT OF SUMMARY OFFENCES ACT 1966
845AContravening certain conduct conditions of bail undertakings
In section 49F(4) of the Summary Offences Act 1966, in the definition of child, for "Children, Youth and Families Act 2005" substitute "Youth Justice Act 2024".'.
(2)In section 913A of the Youth Justice Act 2024, for "section 30A" substitute "section 30B".
PART 5—REPEAL OF THIS ACT
18Repeal of this Act
This Act is repealed on 29 September 2026.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 18 March 2025
Legislative Council: 18 March 2025
The long title for the Bill for this Act was "A Bill for an Act to amend the Bail Act 1977 and the Summary Offences Act 1966 and to make consequential amendments to other Acts and for other purposes."
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