Bail Regulations 2024

Bail Regulations 2024

2 December 2024

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Bail Act 1994.

These regulations may be cited as the Bail Regulations 2024.

These regulations take effect on 10 December 2024.

In these regulations – Act means the Bail Act 1994.

In these regulations, a reference to a form by a number is taken to be a reference to the form of that number set out in Schedule 1.

A notice for the purposes of section 5(1) of the Act is to be in accordance with Form 1.

A warrant for arrest under section 5(5) or 12 of the Act is to be in accordance with Form 2.

A document for the purposes of section 7(2) of the Act is to be in accordance with Form 3.

A recognizance for the purposes of section 7(5)(b) of the Act is to be in accordance with Form 4.

For the purposes of section 20(d) of the Act, notice of application to a judge or justice under section 20(a) of the Act is to be served personally.

Proof that notice of the application has been served for the purposes of section 20(d) of the Act is to be provided by a memorandum of service in accordance with Form 5.

An application under section 23 of the Act –

to be admitted to bail; or for variation of a condition of an order for bail –

is to be in accordance with Form 6.

An application under section 20(a), 24(1) or 27 of the Act is to be in accordance with Form 7.

Unless otherwise ordered by the judge, justice or relevant court, an application referred to in subregulation (1) is to be supported by an affidavit specifying the material facts on which the person intends to rely.

For the purposes of the definition of terrorism offence in Part 1A of the Act, the following offences in relation to terrorism are prescribed:

an offence under section 310J of the Crimes Act 1900 of New South Wales;

an offence under section 4B of the Terrorism (Community Protection) Act 2003 of Victoria.