Bail Amendment (Electronic Monitoring) Regulations 2025 (Vic)
Bail Amendment (Electronic Monitoring) Regulations 2025
S.R. No. 16/2025
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provisions
3Commencement
4Principal Regulations
5New heading to Part 1 inserted
6Regulation 1 substituted
7Authorising provision
8New heading to Part 2 inserted
9Bail undertaking
10Undertaking by parent or other person when child does not have capacity or understanding to give a bail undertaking
11Written notice of conditions of bail
12Statement of reasons for granting bail
13Affidavit of justification for bail
14Warrant for arrest if bail guarantor gives false information
15Statement for person in custody when bail is refused or arrested person objects to the amount or conditions of bail
16Notice of deposit as security for penalty
17Further application for bail where bail refused or revoked
18Application by person on bail for variation of amount or conditions of bail
19Application by informant or DPP for variation of amount or conditions of bail or for imposition of conditions
20Application for revocation of bail
21Notice of application for variation by the person on bail to be given to bail guarantors
22Application by bail guarantor to be discharged from liability with respect to bail undertaking
23Warrant to arrest if bail guarantor applies for discharge
24Warrant to arrest to impose additional conditions
25Warrant to arrest if bail is insufficient
26Warrant to arrest if person released on bail undertaking fails to attend
27New Part 3 inserted
28New heading to Schedule 1 inserted
29New Schedule 2 inserted
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Endnotes
STATUTORY RULES 2025
S.R. No. 16/2025
Bail Act 1977
Bail Amendment (Electronic Monitoring) Regulations 2025
The Governor in Council makes the following Regulations:
Dated: 1 April 2025
Responsible Minister:
ENVER ERDOGAN
Minister for Youth JusticeSAMUAL WALLACE
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Bail Regulations 2022—
(a)to prescribe regions of the State for the purposes of the trial of electronic monitoring of children on bail; and
(b)to clarify the documents required to be provided to the court for a further application for bail or an application to vary the amount or conditions of bail; and
(c)to make other technical amendments.
2Authorising provisions
These Regulations are made under sections 17P and 33 of the Bail Act 1977.
3Commencement
These Regulations come into operation on 22 April 2025.
4Principal Regulations
In these Regulations, the Bail Regulations 2022[1] are called the Principal Regulations.
5New heading to Part 1 inserted
Before regulation 1 of the Principal Regulations insert the following heading—
"PART 1—PRELIMINARY".
6Regulation 1 substituted
For regulation 1 of the Principal Regulations substitute—
"1 Objectives
The objectives of these Regulations are—
(a)to prescribe forms to be used for the purposes of the Bail Act 1977; and
(b)to prescribe regions of the State for the purposes of the trial of electronic monitoring of children on bail.".
7Authorising provision
(1)In the heading to regulation 2 of the Principal Regulations, for "provision" substitute "provisions".
(2)In regulation 2 of the Principal Regulations, for "section" substitute "sections 17P and".
8New heading to Part 2 inserted
After regulation 5 of the Principal Regulations insert the following heading—
"PART 2—FORMS".
9Bail undertaking
In regulation 6 of the Principal Regulations—
(a)in paragraph (a), after "Form 1" insert "of Schedule 1";
(b)in paragraph (b), after "Form 2" insert "of Schedule 1".
10Undertaking by parent or other person when child does not have capacity or understanding to give a bail undertaking
In regulation 7 of the Principal Regulations, after "Form 3" insert "of Schedule 1".
11Written notice of conditions of bail
In regulation 8(a) of the Principal Regulations, after "Form 4" insert "of Schedule 1".
12Statement of reasons for granting bail
In regulation 9(a) of the Principal Regulations, after "Form 5" insert "of Schedule 1".
13Affidavit of justification for bail
In regulation 10 of the Principal Regulations, after "Form 6" insert "of Schedule 1".
14Warrant for arrest if bail guarantor gives false information
In regulation 11 of the Principal Regulations, after "Form 7" insert "of Schedule 1".
15Statement for person in custody when bail is refused or arrested person objects to the amount or conditions of bail
In regulation 12 of the Principal Regulations—
(a)in subregulation (1), after "Form 8" insert "of Schedule 1";
(b)in subregulation (2), after "Form 9" insert "of Schedule 1";
(c)in subregulation (3), after "Form 10" insert "of Schedule 1".
16Notice of deposit as security for penalty
In regulation 13 of the Principal Regulations, after "Form 11" insert "of Schedule 1".
17Further application for bail where bail refused or revoked
(1)In regulation 14(1) of the Principal Regulations, after "Form 12" insert "of Schedule 1".
(2)In regulation 14(2) of the Principal Regulations, after "Form 13" insert "of Schedule 1".
(3)For regulation 14(3) of the Principal Regulations substitute—
"(3)Subject to section 18AK of the Act—
(a)a notice under section 18AK(1) of the Act of an application under section 18 of the Act must be provided to the court with the application; and
(b)that notice and application may be provided to the court as one document.".
18Application by person on bail for variation of amount or conditions of bail
(1)In regulation 15(1) of the Principal Regulations, after "Form 12" insert "of Schedule 1".
(2)In regulation 15(2) of the Principal Regulations, after "Form 13" insert "of Schedule 1".
(3)For regulation 15(3) of the Principal Regulations substitute—
"(3)Subject to section 18AK of the Act—
(a)a notice under section 18AK(1) of the Act of an application under section 18AC(1) of the Act must be provided to the court with the application; and
(b)that notice and application may be provided to the court as one document.".
19Application by informant or DPP for variation of amount or conditions of bail or for imposition of conditions
In regulation 16(1) of the Principal Regulations, after "Form 14" insert "of Schedule 1".
20Application for revocation of bail
In regulation 17 of the Principal Regulations, after "Form 15" insert "of Schedule 1".
21Notice of application for variation by the person on bail to be given to bail guarantors
In regulation 18 of the Principal Regulations, after "Form 16" insert "of Schedule 1".
22Application by bail guarantor to be discharged from liability with respect to bail undertaking
In regulation 19 of the Principal Regulations, after "Form 17" insert "of Schedule 1".
23Warrant to arrest if bail guarantor applies for discharge
In regulation 20 of the Principal Regulations, after "Form 18" insert "of Schedule 1".
24Warrant to arrest to impose additional conditions
In regulation 21 of the Principal Regulations, after "Form 19" insert "of Schedule 1".
25Warrant to arrest if bail is insufficient
In regulation 22 of the Principal Regulations, after "Form 20" insert "of Schedule 1".
26Warrant to arrest if person released on bail undertaking fails to attend
In regulation 23 of the Principal Regulations, after "Form 21" insert "of Schedule 1".
27New Part 3 inserted
After regulation 23 of the Principal Regulations insert—
"PART 3—TRIAL OF ELECTRONIC MONITORING OF CHILDREN ON BAIL
24Trial of electronic monitoring of bail—prescribed regions
For the purposes of sections 17D(2)(b)(i) and 17G(c) of the Act, a prescribed region of the State is a municipal district of a Council specified in Schedule 2.".
28New heading to Schedule 1 inserted
Before Form 1 of the Principal Regulations insert the following heading—
"Schedule 1—Forms".
29New Schedule 2 inserted
After Form 21 of the Principal Regulations insert—
"Schedule 2—Prescribed regions of the State for trial of electronic monitoring
Regulation 24
Bail Act 1977
(Sections 17D(2)(b)(i) and 17G(c))
1.Banyule City Council
2.Bayside City Council
3.Boroondara City Council
4.Brimbank City Council
5.Cardinia Shire Council
6.Casey City Council
7.Darebin City Council
8.Frankston City Council
9.Glen Eira City Council
10.Greater Dandenong City Council
11.Hobsons Bay City Council
12.Hume City Council
13.Kingston City Council
14.Knox City Council
15.Manningham City Council
16.Maribyrnong City Council
17.Maroondah City Council
18.Melbourne City Council
19.Melton City Council
20.Merri-bek City Council
21.Monash City Council
22.Moonee Valley City Council
23.Mornington Peninsula Shire Council
24.Nillumbik Shire Council
25.Port Phillip City Council
26.Stonnington City Council
27.Whitehorse City Council
28.Whittlesea City Council
29.Wyndham City Council
30.Yarra City Council
31.Yarra Ranges Shire Council".
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ENDNOTES
[1] Reg. 4: S.R. No. 116/2022 as amended by S.R. Nos 8/2024 and 117/2024.
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