Bail Act 1994

Where a person admits another person to bail under section 34 of the Justices Act 1959 or section 4(3), (5) or (6) of the Criminal Law (Detention and Interrogation) Act 1995, the person who admits him or her to bail must– hand to the person admitted to bail on his or her release from custody a notice specifying the day on which and the time and place at which he or she is required to appear before justices; and endorse on a copy of the notice a statement that the notice was handed to the person admitted to bail on his or her release from custody; and sign the endorsement.

It is a condition of bail under section 34 of the Justices Act 1959 or section 4(3), (5) or (6) of the Criminal Law (Detention and Interrogation) Act 1995 – that the person admitted to bail must appear before justices on the day and at the time and place specified in a notice referred to in subsection (1)(a); and that the person admitted to bail must deposit, if the person admitting him or her to bail under either of those sections considers it desirable and so requires, a sum to be forfeited to the Crown if the person admitted to bail fails to appear before justices as required by paragraph (a).

If a person is admitted to bail, that person must comply with any other conditions (including conditions controlling the conduct of the person) – that the person admitting him or her to bail considers necessary or desirable; and that are specified in the notice referred to in subsection (1)(a).

For the purposes of but without limiting subsection (3), conditions controlling the conduct of a person may include any one or more of the following:a condition requiring the person to report at a specified place at a specified time; a condition limiting the person's movements and social intercourse; a condition of a family violence order, police family violence order or interim family violence order, made under the Family Violence Act 2004; a condition of a recognised DVO, within the meaning of the Domestic Violence Orders (National Recognition) Act 2016; a condition preventing the person from acting in a manner specified in section 106B (1) of the Justices Act 1959.

A person who without reasonable cause contravenes a notice referred to in subsection (1)(a) or a condition of the notice is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months, or both.

Where a person admitted to bail fails to appear before justices on the day and at the time specified in a notice referred to in subsection (1)(a), the justices may issue a warrant for his or her arrest.

If a police officer has reasonable grounds to believe that a person who was admitted to bail has contravened, or is about to contravene, a notice referred to in subsection (1)(a) or a condition of the notice, the police officer may arrest that person.

Where a person arrested under subsection (5A) is taken before a justice, the justice is to proceed as provided in section 34A of the Justices Act 1959.

On the arrest of a person under subsection (5A) the bail of that person is revoked.

Subsection (5C) does not apply if the person arrested is later released unconditionally.

A sum for the purposes of subsection (2)(b) is not to be more than is, in the opinion of the person admitting a person to bail under section 34 of the Justices Act 1959 or section 4 (3) of the Criminal Law (Detention and Interrogation) Act 1995, sufficient to ensure that that person will appear before justices as specified in the notice.

Money deposited under subsection (2) on the admission of a person to bail is to be paid to the clerk of petty sessions for the court held at the place specified in the notice.