Bail Further Amendment Act 2025 (Vic)
Bail Further Amendment Act 2025
No. 34 of 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Principal Act
Part 2—Amendment of Bail Act 1977
Division 1—Risks that are unacceptable for persons accused of certain offences
4All offences—unacceptable risk test
5New section 4F inserted
Division 2—2 step tests
6Definitions
7Flow Charts
8New section 3E inserted
9When 2 step tests apply
10Step 1—show compelling reason test
11Schedule 2 amended
12Schedules 4 and 5 inserted
Division 3—Electronic monitoring
13Definitions
14Conduct conditions
15Regulations
16Amendments to rename electronic monitoring conditions under Part 2A
Division 4—Caring responsibilities and pregnancy
17Surrounding circumstances
Division 5—Review of certain amendments
18Review of certain amendments
Division 6—Miscellaneous amendments
19Updated language
20Transitional provisions
21References to arson
Part 3—Amendment of Summary Offences Act 1966
22Contravening certain conduct conditions of bail undertakings
Part 4—Repeal of this Act
23Repeal of this Act
═════════════
Endnotes
1 General information
Bail Further Amendment Act 2025
No. 34 of 2025
[Assented to 2 September 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 provide that certain risks are unacceptable risks in respect of which bail must be refused; and
(ii)to provide that the step 1—show compelling reason test is to apply, subject to exceptions, to a decision of whether to grant bail to a person who is accused of committing an indictable offence while on bail for an indictable offence; and
(iii)to provide that electronic monitoring conditions (other than those imposed in accordance with the trial of electronic monitoring for children) may be imposed only in certain circumstances; and
(iv)to provide that where that Act requires surrounding circumstances to be taken into account, this includes the accused being pregnant or having caring responsibilities; and
(v)to provide that a review required to be undertaken by that Act must include a review of the operation of certain amendments made by this Act, and to further provide for what that review must examine; and
(b)to amend the Summary Offences Act 1966 in relation to the application of the offence of contravening certain conduct conditions to persons whose bail does not arise in relation to them being accused of an offence.
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 31 March 2026, 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
Division 1—Risks that are unacceptable for persons accused of certain offences
4All offences—unacceptable risk test
(1)In section 4E(2)(b) of the Principal Act, after "unacceptable risk" insert "(whether because of section 4F or otherwise)".
(2)In section 4E(3) of the Principal Act, after "unacceptable risk" insert "(whether because of section 4F or otherwise)".
5New section 4F inserted
After section 4E of the Principal Act insert—
"4F Risks that are unacceptable for persons accused of certain offences
(1)This section applies to a decision of whether to grant bail to a person—
(a)who is accused of having committed any of the following offences—
(i)an offence against section 75A of the Crimes Act 1958 (armed robbery);
(ii)an offence against section 77 of the Crimes Act 1958 (aggravated burglary);
(iii)an offence against section 77A of the Crimes Act 1958 (home invasion);
(iv)an offence against section 77B of the Crimes Act 1958 (aggravated home invasion);
(v)an offence against section 79 of the Crimes Act 1958 (carjacking);
(vi)an offence against section 79A of the Crimes Act 1958 (aggravated carjacking); and
(b)who, at the time of the alleged offending, was on bail for an offence referred to in any subparagraph of paragraph (a).
(2)For the purposes of section 4E, a risk that the accused would, if released on bail, commit a Schedule 1 offence or a Schedule 2 offence is an unacceptable risk unless the bail decision maker is satisfied that there is a high degree of probability that the accused would not commit an indictable offence referred to in subsection (1)(a) if released on bail.
(3)Nothing in this section prevents the bail decision maker from being satisfied, other than because of this section, that a risk that the accused would, if released on bail—
(a)commit a Schedule 1 offence or a Schedule 2 offence; or
(b)do any other thing referred to in section 4E(1)(a)—
is an unacceptable risk.
Note
Under section 4E(2)(b), the prosecution bears the burden of satisfying the bail decision maker that a risk is an unacceptable risk. That includes that the risk is an unacceptable risk because of this section.".
Division 2—2 step tests
6Definitions
In section 3 of the Principal Act insert the following definitions—
"Schedule 4 offence means—
(a)an offence against a provision specified in an item of Part 1 of Schedule 4, being a provision of the Act specified in the heading to that item; or
(b)an offence against a provision specified in an item of Part 2 of Schedule 4, being a provision of the Act of the Commonwealth specified in the heading to that item; or
(c)an offence specified in an item of Part 3 or 4 of Schedule 4;
Schedule 5 offence means an offence specified in Schedule 5;".
7Flow Charts
For section 3D(3) of the Principal Act substitute—
"
".
8New section 3E inserted
After section 3D of the Principal Act insert—
"3E Parenthetical descriptions of offences in Schedules
(1)This section applies in relation to an item of a Schedule to this Act that specifies an offence or a provision that creates an offence.
(2)A parenthetical description that accompanies the item—
(a)is provided for convenience of reference only; and
(b)does not affect—
(i)what offence is specified by the item; or
(ii)the circumstances set out in relation to that offence; and
(c)must be disregarded if it is inconsistent with the provision that creates the offence.
(3)In this section, a reference to a parenthetical description that accompanies an item is a reference to a description that appears in parentheses either—
(a)in the heading of the item; or
(b)in the item itself following the reference to an offence or a provision that creates an offence.".
9When 2 step tests apply
After section 4AA(4) of the Principal Act insert—
"(4A)The step 1—show compelling reason test also applies to a decision of whether to grant bail to a person if—
(a)the person is accused of an indictable offence (a later indictable offence); and
(b)the later indictable offence is alleged to have been committed while the person was on bail for an indictable offence; and
(c)the person is also accused of an offence against section 30B in respect of the commission of the later indictable offence; and
(d)the later indictable offence is not excepted by subsection (4B) or (4C); and
(e)the step 1—exceptional circumstances test does not apply to the decision.
(4B)An offence is excepted for the purposes of subsection (4A)(d) if the offence—
(a)is not punishable by a term of imprisonment; or
(b)is a Schedule 4 offence.
(4C)An offence is also excepted for the purposes of subsection (4A)(d) if—
(a)the offence is a Schedule 5 offence; and
(b)the prosecutor does not satisfy the bail decision maker that the threshold set out in Schedule 5 for that offence is met.
(4D)The step 1—show compelling reason test applies under subsection (4A) even if some (but not all) of the later indictable offences of which the person is accused are excepted by subsection (4B) or (4C).".
10Step 1—show compelling reason test
In section 4C(1) of the Principal Act, for "section 4AA(3) or (4)," substitute "section 4AA(3), (4) or (4A),".
11Schedule 2 amended
For the Notes under the heading to Schedule 2 to the Principal Act substitute—
"Notes
1 Section 4AA(2) and (3) set out whether a person who is accused of an offence in this Schedule will be subject to the step 1—exceptional circumstances test or the step 1—show compelling reason test.
2 However, each of those tests also applies in other circumstances. See section 4AA(1), (4) and (4A).".
12Schedules 4 and 5 inserted
After Schedule 3 to the Principal Act insert—
"Schedule 4—Exceptions to section 4AA(4A) (without thresholds)
Note
Section 4AA(4A) provides for a person to be subject to the step 1—show compelling reason test if the person is accused of committing a later indictable offence while on bail for an earlier indictable offence. Section 4AA(4A)(d) and (4B)(b) provide that the person will not be subject to that test if the later indictable offence is an offence in this Schedule.
Part 1—Offences against Victorian Acts
1Administration and Probate Act 1958
Section 66(1) (concealing a will).
2Cemeteries and Crematoria Act 2003
Section 132 (making false statement in application for cremation authorisation).
3Crimes Act 1958
(1)Section 81(1) (obtaining property by deception).
(2)Section 82(1) (obtaining financial advantage by deception).
(3)Section 83(1) (false accounting).
(4)Section 83A(1), (2), (3), (4), (5), (5A), (5B) or (5C) (falsifying documents).
(5)Section 86(1) or (2) (suppression etc. of documents).
(6)Section 88(2) (handling stolen goods).
(7)Section 178 (giving or receiving false or misleading receipt or account).
(8)Section 192B(1) (making, using or supplying identification information).
(9)Section 192C(1) (possessing identification information).
(10)Section 192D(2) (possessing equipment used to make etc. identification documentation).
(11)Section 194(1), (2), (3) or (4) (dealing with proceeds of crime).
(12)Section 195A(1), (2) or (3) (dealing with property which subsequently becomes an instrument of crime).
(13)Section 198 (threats to destroy or damage property).
(14)Section 199 (possessing anything with intent to destroy or damage property).
(15)Section 225 (conveying water into a mine).
(16)Section 247 (false statements).
(17)Section 247K (sabotage).
(18)Section 247L(1) (threats to sabotage).
(19)Section 314 (perjury).
(20)Section 465AA(9) (failing to comply with order to provide information or assistance relating to computer or computer network).
4Dangerous Goods Act 1985
(1)Section 21AA(2) or (6) (transporting dangerous goods in unlicensed vehicle).
(2)Section 31(1), (2) or (4).
(3)Section 31B(1) (dangerous goods must be transported in safe manner).
(4)Section 31C(1) (aggravated failure to comply with relevant provision).
(5)Section 31D(1) (conduct in respect of dangerous goods that endangers persons).
5Drugs, Poisons and Controlled Substances Act 1981
(1)Section 71C (possessing tablet press).
(2)Section 71D (possessing precursor chemicals).
(3)Section 71E(1) (possessing document containing information about trafficking or cultivating a drug of dependence).
6Evidence (Miscellaneous Provisions) Act 1958
(1)Section 142 (forgery, using etc. false documents).
(2)Section 143 (printing or using documents falsely purporting to be printed by government printer).
7Family Violence Protection Act 2008
(1)Section 153(1) or (2) (certification).
(2)Section 153A (making false declaration of truth).
8Firearms Act 1996
(1)Section 137(1) (altering documents).
(2)Section 138 (false entries).
(3)Section 140A(1), (2) or (3) (making false or misleading statements or using false or misleading information).
9Heritage Act 2017
Section 87(1), (2) or (3) (knowingly or recklessly performing certain activities).
10Local Government Act 2020
(1)Section 294(1) or (2) (voting offences).
(2)Section 299(1) (interfering with postal ballot materials).
11Major Crime (Investigative Powers) Act 2004
(1)Section 7(1) (publishing report of proceedings).
(2)Section 37(3) (refusing or failing to attend and answer questions).
(3)Section 43(3) (publishing or communicating evidence in contravention of Chief Examiner's direction).
(4)Section 60(4) (refusing or failing to answer questions or produce documents).
12Oaths and Affirmations Act 2018
Section 36 (making false statutory declaration).
13Open Courts Act 2013
Section 23(1) (contravening proceeding suppression order or interim order).
14Powers of Attorney Act 2014
Section 135(1), (2) or (3).
15Transfer of Land Act 1958
Section 119.
16Water Act 1989
Section 289(1) or (2) (wrongfully taking etc. water).
Part 2—Offences against Commonwealth Acts
17Anti-Money Laundering and Counter‑Terrorism Financing Act 2006
(1)Section 136(1) (giving false or misleading information).
(2)Section 137(1) (producing false or misleading documents).
(3)Section 140(1) or (3) (receiving a designated service using a false customer name or customer anonymity).
(4)Section 142(1) (conducting transactions so as to avoid reporting requirements relating to threshold transactions).
18Australian Passports Act 2005
(1)Section 29(1) (making false or misleading statements in relation to Australian travel documents).
(2)Section 30(1) (giving false or misleading information in relation to Australian travel documents).
(3)Section 31(1) (producing false or misleading documents in relation to Australian travel documents).
(4)Section 32(1), (2), (3) or (4) (improper use or possession of an Australian travel document).
(5)Section 32A(1) (possessing false Australian travel documents).
(6)Section 33 (selling a genuine or false Australian travel document).
(7)Section 34(1) (damaging or interfering with an Australian travel document).
(8)Section 35(1) (dishonestly obtaining an Australian travel document).
(9)Section 36(1) or (2) (making or providing false Australian travel documents).
(10)Section 37(1) (bringing, taking or sending a document across international borders).
(11)Section 38 (issuing a passport contrary to the Act).
(12)Section 39 (issuing a travel-related document contrary to the Act or a Minister's determination).
(13)Section 40(1) (abusing public office).
19Bankruptcy Act 1966
(1)Section 263(1) (concealment etc. of property etc.).
(2)Section 263A(1) (making a false statement in an affidavit).
(3)Section 265(3), (5) or (7) (failure of bankrupt or debtor to disclose property etc.).
(4)Section 266(1) or (3) (disposing or charging of property by person who becomes, or has become, a bankrupt).
(5)Section 268(3) or (7) (offences in relation to personal insolvency agreements).
(6)Section 269(1) (bankrupt or debtor who is a party to a debt agreement obtaining credit etc. without disclosing bankruptcy or debt agreement).
(7)Section 270(1) (failing to keep proper books of account).
20Copyright Act 1968
Section 132AD(1) (making infringing copy commercially).
21Corporations (Aboriginal and Torres Strait Islander) Act 2006
(1)Section 265-25(1), (3) or (4) (good faith, use of position and use of information).
(2)Section 561-1(1) or (4) (false or misleading statements).
(3)Section 561-5(1) or (2) (false information).
22Crimes (Aviation) Act 1991
(1)Section 24(1) or (2) (threats and false statements relating to Division 3 aircraft).
(2)Section 28(1) or (2) (threats and false statements relating to aerodromes and air navigation facilities).
23Crimes (Currency) Act 1981
(1)Section 6 (making counterfeit money or counterfeit securities).
(2)Section 7 (uttering counterfeit money or counterfeit securities).
(3)Section 8(1) or (2) (buying or selling non‑excepted counterfeit money or counterfeit securities).
(4)Section 9(1) or (3) (possessing counterfeit money or counterfeit securities).
(5)Section 10 (importing or exporting counterfeit money or counterfeit securities).
(6)Section 11(1) or (2) (dealing with instruments and material used for counterfeiting).
(7)Section 12 (importing or exporting instruments for counterfeiting etc.).
(8)Section 13(1) (conveying instruments or materials from premises).
(9)Section 14(1) (giving information with respect to counterfeit money or counterfeit securities).
(10)Section 15(1) (possessing filings, clippings etc.).
(11)Section 16 (defacing or destroying current coins or current paper money).
(12)Section 17 (selling defaced coins or paper money).
(13)Section 18 (possessing defaced coins or paper money).
(14)Section 19(1) (designing, making, printing or distributing material of certain kinds).
(15)Section 20 (importing or exporting certain material).
24Crimes Act 1914
(1)Section 35(1) (giving false testimony).
(2)Section 36(1) (fabricating evidence).
(3)Section 39(1) (destroying evidence).
(4)Section 85G(1), (2), (3), (4) or (5) (forgery of postage stamps etc.).
25Criminal Code Act 1995
(1)Section 131.1(1) of the Schedule (theft).
(2)Section 134.1(1) of the Schedule (obtaining property by deception).
(3)Section 134.2(1) of the Schedule (obtaining a financial advantage by deception).
(4)Section 135.1(1), (3), (5) or (7) of the Schedule (general dishonesty).
(5)Section 135.4(1), (3), (5) or (7) of the Schedule (conspiracy to defraud).
(6)Section 137.1A(1) of the Schedule (aggravated offence for giving false or misleading information).
(7)Section 142.2(1) or (2) of the Schedule (abusing public office).
(8)Section 144.1(1), (3), (5) or (7) of the Schedule (forgery).
(9)Section 145.1(1), (3), (5) or (7) of the Schedule (using forged document).
(10)Section 145.2(1), (3), (5) or (7) of the Schedule (possessing forged document).
(11)Section 308.1(1) of the Schedule (possessing controlled drugs).
(12)Section 308.2(1) of the Schedule (possessing controlled precursors).
(13)Section 372.1(1) of the Schedule (dealing in identification information).
(14)Section 372.1A(1) of the Schedule (dealing in identification information that involves use of a carriage service).
(15)Section 400.2B(1), (2), (3), (4), (5), (6), (7), (8) or (9) of the Schedule (proceeds of crime etc.—money or property worth $10,000,000 or more).
(16)Section 400.3(1), (1A), (1B), (2), (2A), (2B), (3), (3A) or (3B) of the Schedule (proceeds of crime etc.—money or property worth $1,000,000 or more).
(17)Section 400.4(1), (1A), (1B), (2), (2A), (2B), (3), (3A) or (3B) of the Schedule (proceeds of crime etc.—money or property worth $100,000 or more).
(18)Section 400.5(1), (2) or (3) of the Schedule (proceeds of crime etc.—money or property worth $50,000 or more).
(19)Section 400.6(1), (2) or (3) of the Schedule (proceeds of crime etc.—money or property worth $10,000 or more).
(20)Section 400.7(1) or (2) of the Schedule (proceeds of crime etc.—money or property worth $1,000 or more).
(21)Section 400.9(1AA), (1AB), (1) or (1A) of the Schedule (dealing with property reasonably suspected of being proceeds of crime etc.).
(22)Section 471.1(1) of the Schedule (theft of mail‑receptacles, articles or postal messages).
(23)Section 471.2(1) of the Schedule (receiving stolen mail-receptacles, articles or postal messages).
(24)Section 471.6(1) of the Schedule (damaging or destroying mail-receptacles, articles or postal messages).
(25)Section 474.2(1), (2) or (3) of the Schedule (general dishonesty with respect to a carriage service provider).
(26)Section 480.4 (dishonestly obtaining or dealing in personal financial information).
(27)Section 490.1(1) of the Schedule (intentional false dealing with accounting documents).
26Foreign Passports (Law Enforcement and Security) Act 2005
Section 22(1) or (2) (possessing, making or providing false foreign travel documents).
27Health Insurance Act 1973
(1)Section 128B(1) or (2) (knowingly making false statements relating to medicare benefits etc.).
(2)Section 129(2) (false statements etc.).
28Migration Act 1958
(1)Section 76C(1) (failing to comply with visa condition requiring the person to remain at notified address).
(2)Section 234(1) or (2) (false documents and false or misleading information etc. relating to non‑citizens).
(3)Section 234A(1) (aggravated offence of false documents and false or misleading information etc. relating to non-citizens (at least 5 people)).
29National Health Act 1953
(1)Section 103(1) (inducing presentation of a prescription for the supply of a pharmaceutical benefit).
(2)Section 103(2) (supplying a thing other than the prescribed pharmaceutical benefit, or give consideration, to the person presenting the prescription).
(3)Section 103(3) (permitting inappropriate person to dispense pharmaceutical benefit without supervision).
(4)Section 103(4) (dealing with a supplied pharmaceutical benefit in a way other than that for which the benefit was prescribed or supplied).
(5)Section 103(4AA) (possessing or consigning for export an excessive quantity of a pharmaceutical benefit or pharmaceutical item).
(6)Section 103(4A) (including false or misleading information in a prescription).
(7)Section 103(4B) (communicating to a pharmacist false or misleading information in relation to a prescription).
(8)Section 103(5) (other offences relating to pharmaceutical benefits, concession cards, entitlement cards and prescriptions).
30Trade Marks Act 1995
(1)Section 145(1) (falsifying or removing a registered trade mark).
(2)Section 146(1) (falsely applying a registered trade mark).
(3)Section 147(1) (making a die etc. for use in trade marks offence).
(4)Section 147A(1) (drawing etc. trade marks for use in offence).
(5)Section 147B(1) (possessing or disposing of things for use in trade marks offence).
Part 3—Offences at common law
31Offences at common law
(1)Attempt to pervert the course of justice.
(2)Conspiracy to cheat and defraud.
(3)Conspiracy to defraud.
(4)Embracery.
(5)Misconduct in public office.
(6)Perjury.
(7)Perverting the course of justice.
(8)Public nuisance.
Part 4—Inchoate offences
32Conspiracy, incitement and attempt
An offence of conspiracy, incitement or attempting to commit another Schedule 4 offence.
Schedule 5—Exceptions to section 4AA(4A) (with thresholds)
Note
Section 4AA(4A) provides for a person to be subject to the step 1—show compelling reason test if the person is accused of committing a later indictable offence while on bail for an earlier indictable offence. Section 4AA(4A)(d) and (4C) provide that the person will not be subject to that test if the later indictable offence is an offence in this Schedule and the prosecutor does not satisfy the bail decision maker that the threshold set out for that offence is met.
Part 1—Offences against Victorian Acts
1Crimes Act 1958 (theft)
(1)The offence specified by this item is an offence against section 74 of the Crimes Act 1958.
(2)The threshold for that offence is met for the purposes of section 4AA(4C)(b) if—
(a)a motor vehicle (within the meaning of section 73 of the Crimes Act 1958) is alleged to have been stolen; or
(b)the value of what is alleged to have been stolen is at least $2500.
2Crimes Act 1958 (destroying or damaging property)
(1)The offences specified by this item are—
(a)an offence against section 197(1) of the Crimes Act 1958 that is not charged as arson; and
(b)an offence against section 197(3) of that Act that is not charged as arson.
Note
An offence against section 197(2) charged as arson is a Schedule 2 offence. See item 22(d) of that Schedule.
(2)The threshold for any of those offences is met for the purposes of section 4AA(4C)(b) if—
(a)where it is alleged that property was damaged, the cost of repairing the damage (excluding any damage caused by the property having been marked with graffiti) is at least $5000; or
(b)where it is alleged that property was destroyed, the value of the destroyed property is at least $5000.
(3)In this item—
marked with graffiti is to be interpreted in accordance with the definition of mark graffiti in section 3 of the Graffiti Prevention Act 2007.
3Drugs, Poisons and Controlled Substances Act 1981 (possession of a drug of dependence)
(1)The offence specified by this item is an offence against section 73 of the Drugs, Poisons and Controlled Substances Act 1981.
(2)The threshold for that offence is met for the purposes of section 4AA(4C)(b) if the quantity of the drug of dependence, the possession or attempted possession of which is alleged, is not less than the traffickable quantity applicable to that drug.
(3)In this item—
traffickable quantity has the same meaning as in Part V of the Drugs, Poisons and Controlled Substances Act 1981.
Part 2—Inchoate offences
4Conspiracy or incitement
(1)The offence specified by this item is an offence of conspiracy or incitement to commit an offence (the base offence) referred to in another Part of this Schedule.
(2)The threshold for the offence specified by this item is met for the purposes of section 4AA(4C)(b) if—
(a)where the base offence is committed, the threshold for the base offence is met; or
(b)where the base offence is not committed, the threshold for the base offence would have been met if it had been committed.
5Attempt
(1)The offence specified by this item is an offence of attempting to commit an offence (the base offence) referred to in another Part of this Schedule.
(2)The threshold for the offence specified by this item is met for the purposes of section 4AA(4C)(b) if the threshold for the base offence would have been met if it had been committed.".
Division 3—Electronic monitoring
13Definitions
(1)In section 3 of the Principal Act, the definition of electronic monitoring conditions is repealed.
(2)In section 3 of the Principal Act insert the following definitions—
"electronic monitoring condition means a condition of bail that—
(a)requires the accused to wear an electronic device whose location is monitored; or
(b)facilitates the monitoring of the accused by use of a device referred to in paragraph (a);
Part 2A conditions means the conditions set out in section 17E;".
14Conduct conditions
For section 5AAA(7) of the Principal Act substitute—
"(7)A bail decision maker must not impose an electronic monitoring condition except—
(a)in accordance with subsection (8); or
(b)in accordance with Part 2A.
Note
Part 2A provides for a trial of the electronic monitoring of children on bail in certain circumstances.
(8)A bail decision maker may impose an electronic monitoring condition if—
(a)the bail decision maker is not making an applicable decision within the meaning of Part 2A; and
(b)the monitoring required or facilitated by the condition is to be carried out by a prescribed entity; and
(c)the prescribed requirements (if any) are met.
(9)Nothing in subsection (7) or (8)—
(a)limits what a bail decision maker may do under Part 2A; or
(b)otherwise affects the operation of that Part.".
15Regulations
At the end of section 33 of the Principal Act insert—
"(2)Regulations made under this Act—
(a)may be of general or limited application; and
(b)may differ according to differences in time, place or circumstances.".
16Amendments to rename electronic monitoring conditions under Part 2A
(1)In section 3AAA(1)(ia) of the Principal Act, for "electronic monitoring conditions" substitute "Part 2A conditions".
(2)In section 4E(4) of the Principal Act, for "electronic monitoring conditions" substitute "Part 2A conditions".
(3)In section 5AAA(3A) of the Principal Act, for "electronic monitoring conditions" substitute "Part 2A conditions".
(4)In the heading to section 17E of the Principal Act, for "electronic monitoring conditions" substitute "Part 2A conditions".
(5)In section 17E of the Principal Act—
(a)in subsection (1), for "electronic monitoring conditions" substitute "Part 2A conditions";
(b)in subsection (2), for "electronic monitoring conditions" (where twice occurring) substitute "Part 2A conditions".
(6)In the heading to section 17G of the Principal Act, for "electronic monitoring conditions" substitute "Part 2A conditions".
(7)In section 17G of the Principal Act, for "electronic monitoring conditions" (where twice occurring) substitute "Part 2A conditions".
(8)In the heading to section 17I of the Principal Act, for "electronic monitoring conditions" substitute "Part 2A conditions".
(9)In section 17I of the Principal Act—
(a)in subsection (1), for "electronic monitoring conditions" (where twice occurring) substitute "Part 2A conditions";
(b)in subsection (2), for "electronic monitoring conditions" substitute "Part 2A conditions".
(10)In section 17J of the Principal Act, for "electronic monitoring conditions" (where twice occurring) substitute "Part 2A conditions".
(11)In the heading to section 17K of the Principal Act, for "electronic monitoring conditions" substitute "Part 2A conditions".
(12)In section 17K of the Principal Act, for "electronic monitoring conditions" substitute "Part 2A conditions".
(13)In section 17L of the Principal Act—
(a)in subsection (1), for "electronic monitoring conditions" substitute "Part 2A conditions";
(b)in subsection (2), for "electronic monitoring conditions" (wherever occurring) substitute "Part 2A conditions".
(14)In the Note at the foot of section 17M(4) of the Principal Act, for "electronic monitoring conditions" substitute "Part 2A conditions".
(15)In section 17N of the Principal Act—
(a)in subsection (1)(a) and (b), for "an electronic monitoring condition" substitute "a Part 2A condition";
(b)in subsection (4), for "electronic monitoring conditions" substitute "Part 2A conditions".
(16)In section 17P(1) of the Principal Act—
(a)in paragraph (e), for "electronic monitoring conditions" substitute "Part 2A conditions";
(b)in paragraph (f)(i) and (ii), for "electronic monitoring conditions" substitute "Part 2A conditions".
Division 4—Caring responsibilities and pregnancy
17Surrounding circumstances
(1)In section 3AAA(1)(g) of the Principal Act—
(a)after "circumstances," insert—
"including—
(i)the caring responsibilities that the accused has (if any); and";
(b)before "associations" insert—
"(ii)the accused's".
(2)After section 3AAA(1)(h)(ii) of the Principal Act insert—
"(iia)being pregnant; or".
Division 5—Review of certain amendments
18Review of certain amendments
(1)In section 32C(1)(c) of the Principal Act, for "2025." substitute "2025; and".
(2)After section 32C(1)(c) of the Principal Act insert—
"(d)the amendments made to this Act by Divisions 1 and 2 of Part 2 of the Bail Further Amendment Act 2025.".
(3)After section 32C(1) of the Principal Act insert—
"(1A)Without limiting subsection (1), the review must examine the impact of the amendments referred to in subsection (1) on Aboriginal persons and Torres Strait Islanders.".
Division 6—Miscellaneous amendments
19Updated language
(1)In the Note at the foot of section 10(5) of the Principal Act, for "undertakings of bail" substitute "bail undertakings".
(2)In the Note at the foot of section 10A(5) of the Principal Act, for "undertakings of bail" substitute "bail undertakings".
(3)In the heading to section 13A of the Principal Act, for "undertakings of bail" substitute "bail undertakings".
(4)In section 13A(1) of the Principal Act, for "undertakings of bail" substitute "bail undertakings".
20Transitional provisions
After section 34(24C) of the Principal Act insert—
"(24D)An amendment made to this Act by the Bail Further Amendment Act 2025 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.
(24E)An amendment made to this Act by a provision of Division 3 of Part 2 of the Bail Further Amendment Act 2025—
(a)does not affect any electronic monitoring condition imposed before the commencement of that provision; and
(b)does not limit any power to vary such a condition; and
(c)does not affect any bail undertaking given before that commencement in respect of which an electronic monitoring condition was imposed; and
(d)does not affect any power to extend bail granted on the giving of such an undertaking.".
21References to arson
(1)In item 22(d) of Schedule 2 to the Principal Act, for "in circumstances where the offence is committed by destroying or damaging property by fire" substitute "if the offence is charged as arson".
(2)For the Note at the foot of item 22(d) of Schedule 2 to the Principal Act substitute—
"Note
See section 197(6) of the Crimes Act 1958.".
PART 3—AMENDMENT OF SUMMARY OFFENCES ACT 1966
22Contravening certain conduct conditions of bail undertakings
(1)In section 49F(1) of the Summary Offences Act 1966, for "an accused" substitute "a person".
(2)In section 49F(2) of the Summary Offences Act 1966, for "accused" substitute "person".
PART 4—REPEAL OF THIS ACT
23Repeal of this Act
This Act is repealed on 31 March 2027.
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).
═════════════
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: 30 July 2025
Legislative Council: 14 August 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 for other purposes."
0
0
0