Bail Amendment (Stage Two) Act 2018
No. 3 of 2018
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Bail Act 1977
3Definitions
4New section 3AAAA inserted
5New sections 3AAA and 3AA inserted
6New section 3D inserted
7Section 4 substituted and new sections 4A to 4E inserted
8Bail undertaking
9New section 5AAAA inserted
10Conduct conditions
11Application for bail
12New sections 8A and 8B inserted
13Power of police officer, sheriff or authorised person to grant or refuse bail
14New section 10AA inserted
15Power of bail justice to grant or refuse bail
16Power of court to grant or refuse bail
17New section 12A inserted
18New section 12B inserted
19Treason, murder and other Schedule 1 offences
20New section 13A inserted
21Section 18AD substituted
22Transitional provisions
23Minor and consequential amendments
24Amendments consequential on Fines Reform Act 2014
Part 3—Amendment of Children, Youth and Families Act 2005
25Children, Youth and Families Act 2005
Part 4—Amendments related to the Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017
26Children, Youth and Families Act 2005
27Criminal Procedure Act 2009
28Bail Act 1977
29Sentencing Act 1991
Part 5—Repeal of amending Act
30Repeal of amending Act
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Endnotes
1 General information
Bail Amendment (Stage Two) Act 2018
No. 3 of 2018
[Assented to 27 February 2018]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to make further amendments to the Bail Act 1977 in relation to the grant or refusal ofbail; and
(b)to empower police officers to remand in custody certain persons who have been refused bail by a police officer; and
(c)to amend the Children, Youth and Families Act 2005 in relation to how a child taken into custody is to be dealt with if only a court may grant bail to the child; and
(d)to make amendments to certain Acts related to the Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017.
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 1 October 2018, it comes into operation on that day.
Part 2—Amendment of Bail Act 1977
3Definitions
(1)In section 3 of the Bail Act 1977, in the definition of bail decision maker, after "grant bail" insert ", extend bail, vary the amount of bail or the conditions of bail or revoke bail".
(2)In section 3 of the Bail Act 1977 insert the following definitions—
"prosecutor, in relation to an application under this Act, includes the informant, a police prosecutor and any other person appearing on behalf of the Crown;
surrounding circumstances—see section 3AAA;
unacceptable risk test—see section 4E;
vulnerable adult—see section 3AAAA.".
(3)In section 3 of the Bail Act 1977, in the definition of undertaking, for "5." substitute "5;".
4New section 3AAAA inserted
After section 3 of the Bail Act 1977 insert—
"3AAAA Meaning of vulnerable adult