Section 16 — Definitions — Bail Act 2013 (New South Wales) — Barrister AI

Latest Cases Case Lookup LegislationBeta Notebook Research Briefs

Section 16 — Definitions — Bail Act 2013 (New South Wales) — Barrister AI

All legislation

NSWAct

In force

Official source Save

Held text is as at 10 Jun 2026. Later incorporated or unincorporated amendments may not yet appear.Check the official source before relying on current wording →

Ask a question about this ActPro

s 1Name of Act s 2Commencement s 3Purpose of Act s 4Definitions s 5Proceedings for an offence s 6Conclusion of proceedings s 7What is bail s 8Bail decisions that can be made s 9Decision to release without bail s 10Decision to dispense with bail s 11Decision to grant or refuse bail s 12Duration of bail s 13Requirement to appear s 14Limitation on entitlement to be at liberty s 15Bail decision to be made in accordance with this Part s 16Flow charts—key features of bail decisions s 16AAccused person to show cause for certain serious offences s 16BOffences to which the show cause requirement applies s 17Assessment of bail concerns s 18Matters to be considered as part of assessment s 19Refusal of bail—unacceptable risk s 20Accused person to be released if no unacceptable risks s 20AImposition of bail conditions s 21Special rule for offences for which there is a right to release s 22General limitation on court’s power to release s 22ALimitation on power to release in relation to terrorism related offences s 22BLimitation regarding bail during period following conviction and before sentencing for certain offences s 22CTemporary limitation on bail for certain young persons in relation to certain serious offences s 22DReview of operation of amendments made by Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Act 2025 s 23When bail conditions can be imposed s 24(Repealed)s 25Bail conditions can impose conduct requirements s 26Bail conditions can require security to be provided s 27Bail conditions can require character acknowledgments s 28Bail condition can impose accommodation requirements s 28ABail condition can impose accompaniment requirements s 28BBail condition must impose electronic monitoring for certain offences s 29Limitation on power to impose pre-release requirements s 30Bail conditions may include enforcement conditions s 30ABail conditions must not require electronic monitoring other than under s 28B s 31Rules of evidence do not apply s 32Matters to be decided on balance of probabilities s 33Bail acknowledgment to be given on grant of bail s 34Notice of refusal of bail to be given s 35Notice of variation of bail conditions to be given s 36Information to be provided about bail security agreements s 37Information to be provided about character acknowledgments s 38Reasons for decision to be recorded s 39Power to issue warrant of commitment s 40Stay of release decision if detention sought s 41Limitation on length of adjournments if bail refused s 42Notice required if accused person granted bail remains in custody s 43Police power to make bail decision s 43APolice power to make bail decision—witnesses s 44Bail decision to be made after person is charged s 45Procedures after bail decision is made s 46Duties if bail refused or accused person not released s 47Review of police decision by senior police officer s 48Powers of courts and authorised justices to hear bail applications s 49Accused person may make release application s 50Prosecutor may make detention application s 51Interested person may make variation application s 52Powers of authorised justices to vary court decisions s 53Discretion to make or vary bail decision without bail application s 54Discretion to refuse bail if no application is made s 55Variation of bail decision if accused person remains in custody s 56Discretion to defer decision if accused person is intoxicated s 57Bail conditions not to be varied contrary to court direction s 58Authorised justice must not vary or impose enforcement conditions s 59Meaning of pending proceedings s 60Part applies to bail applications only s 61Power to hear bail application if proceedings are pending in court s 62Power to hear bail application if sentence or conviction appealed s 63Power to hear variation application for own decision s 64Powers specific to Local Court and authorised justices s 65Powers specific to District Court s 66Powers specific to Supreme Court s 67Powers specific to Court of Criminal Appeal s 68Limited powers when proceedings pending in another court s 69Limited powers when decision made by Supreme Court or Court of Criminal Appeal s 70(Repealed)s 70AAuthorised justice must not make bail decision s 71Bail applications to be dealt with expeditiously s 72Application by accused person must be heard on first appearance s 73Discretionary grounds to refuse to hear bail application s 74Multiple release or detention applications to same court not permitted s 75Fresh application to be dealt with as new hearing s 76Regulations relating to bail applications s 77Police officers may take actions to enforce bail requirements s 77ACourts may take action to enforce bail requirement to appear s 78Powers of bail authorities s 79Offence of failing to appear s 80Proceedings for fail to appear offence s 81Giving of directions under enforcement conditions s 82Deposit of bail money or bail security s 83Bail guarantor may apply to be discharged of liability s 84Bail guarantor must not dispose of bail security s 85Revocation of bail if bail security no longer intact s 86Offence of indemnifying bail guarantor s 87Bail guarantor does not have right to arrest s 88Return of bail money and security s 89Restrictions on publication of association conditions s 90Bail for contempt not affected s 91Powers in relation to writs of habeas corpus not affected s 92Time from which accused person is in custody of court s 93Facilitation of proof of bail acknowledgments and decisions s 94Facilitation of proof of failure to appear s 95Exercise of functions of bail authority by appropriate officers s 96Court attendance notices and warrants s 97Proceedings for offences s 98Regulations s 99Court rules s 100(Repealed)s 101Review of Act s 102Review of certain provisions s 1Bail decisions in proceedings for the administration of sentence s 2Bail decisions made under other Acts s 1Definitions s 2Court may make forfeiture order if accused person fails to appear s 3Forfeiture after conviction for offence of failing to appear s 4Persons affected to be notified of forfeiture order s 5Formal objection to confirmation of forfeiture order s 6Hearing of formal objection to confirmation of forfeiture order s 7Hearing of formal objection to automatic forfeiture order s 8Informal objection to forfeiture order s 9When forfeiture order takes effect s 10Effect of forfeiture order s 11Persons affected to be notified that forfeiture order has taken effect s 12Notice of forfeiture order for enforcement s 13Payment of forfeited bail money s 14Application to set aside forfeiture order s 15Hearing of application to set aside forfeiture order s 16Effect of setting aside forfeiture order s 17Appeals s 18Court of Criminal Appeal may authorise other courts to take action s 19Crown is a party to forfeiture proceedings s 1Regulations s 2Definitions s 3Saving of actions taken under 1978 Act s 4Bail undertakings given under 1978 Act s 5Obligations under bail agreements continued s 6Obligations under existing security agreements continued s 7History of compliance with bail under 1978 Act s 8Pending bail applications s 9Multiple release applications to same court not permitted s 10Facilitation of proof of things done under 1978 Act s 11Abolition of common law by 1978 Act not affected s 12Application of amendments s 13Amendments do not constitute change in circumstances s 14Application of amendments s 15Application of amendments s 16Definitions s 17Application of amendments s 18Transition period for private electronic monitoring s 19Definitions s 20Bail decisions made by authorised justices continue in force s 21Bail decisions made by authorised justices s 1Review of operations of amendments made by amendment Act

Section Whole Act

Back152 / 158Forward

16

Definitions

In force

16 Definitions

In this part—

amendment Act means the Bail Amendment (Ban on Private Electronic Monitoring) Act 2025.

commencement date means the date of assent to the amendment Act.

This Act’s bill:Explanatory memorandum Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

Previouss 15Application of amendments Nexts 17Application of amendments