Victorian Numbered Acts Victorian Numbered ActsSchedule 2—Offences—show compelling reason
1. An indictable offence that is alleged to have been committed by the accused—
(a) while on bail for another indictable offence; or
(b) while subject to a summons to answer to a charge for another indictable offence; or
(c) while at large awaiting trial for another indictable offence; or
(d) during the period of a community correction order made in respect of the accused for another indictable offence or while otherwise serving a sentence for another indictable offence; or
(e) while released under a parole order.
2. Manslaughter.
3. Child homicide.
4. An offence against section 15A(1) of the Crimes Act 1958 (causing serious injury intentionally in circumstances of gross violence).
5. An offence against section 15B(1) of the Crimes Act 1958 (causing serious injury recklessly in circumstances of gross violence).
6. An offence against section 16 of the Crimes Act 1958 (causing serious injury intentionally).
7. An offence against section 20 of the Crimes Act 1958 (threats to kill) that is also a family violence offence.
8. An offence against section 21A(1) of the Crimes Act 1958 (stalking) and—
(a) the accused has within the preceding 10 years been convicted or found guilty of an offence against that section in relation to any person or an offence in the course of committing which the accused used or threatened to use violence against any person; or
(b) the bail decision maker is satisfied that the accused on a separate occasion used or threatened to use violence against the person whom the accused is alleged to have stalked, whether or not the accused has been convicted or found guilty of, or charged with, an offence in connection with that use or threatened use of violence.
9. An offence against section 38(1) of the Crimes Act 1958 (rape).
10. An offence against section 39(1) of the Crimes Act 1958 (rape by compelling sexual penetration).
11. An offence against section 42(1) of the Crimes Act 1958 (assault with intent to commit a sexual offence).
12. An offence against section 47(1) of the Crimes Act 1958 (abduction or detention for a sexual purpose).
13. An offence against section 49A(1) of the Crimes Act 1958 (sexual penetration of a child under the age of 12).
14. An offence against section 49B(1) of the Crimes Act 1958 (sexual penetration of a child under the age of 16) in circumstances other than where at the time of the alleged offence the child was 12 years of age or more and the accused was not more than 2 years older than the child.
15. An offence against section 49J(1) of the Crimes Act 1958 (persistent sexual abuse of a child under the age of 16).
16. An offence against section 49P(1) of the Crimes Act 1958 (abduction or detention of a child under the age of 16 for a sexual purpose).
17. An offence against any of the following provisions of Subdivision (8C) of Division 1 of Part I of the Crimes Act 1958 (incest) in circumstances other than where both people are aged 18 or older—
(a) section 50C(1) (sexual penetration of a child or lineal descendant);
(b) section 50D(1) (sexual penetration of a step-child);
(c) section 50E(1) (sexual penetration of a parent, lineal ancestor or step-parent);
(d) section 50F(1) (sexual penetration of a sibling or half-sibling).
18. An offence against section 37, 37A, 123 or 123A of the Family Violence Protection Act 2008 of contravening a family violence intervention order or family violence safety notice (as the case requires) in the course of committing which the accused is alleged to have used or threatened to use violence and—
(a) the accused has within the preceding 10 years been convicted or found guilty of an offence in the course of committing which the accused used or threatened to use violence against any person; or
(b) the bail decision maker is satisfied that the accused on a separate occasion used or threatened to use violence against the person who is the subject of the order or notice, whether or not the accused has been convicted or found guilty of, or charged with, an offence in connection with that use or threatened use of violence.
19. An offence against section 125A(1) of the Family Violence Protection Act 2008 (persistent contravention of notices and orders).
20. An offence against section 100 of the Personal Safety Intervention Orders Act 2010 of contravening an order in the course of committing which the accused is alleged to have used or threatened to use violence and—
(a) the accused has within the preceding 10 years been convicted or found guilty of an offence in the course of committing which the accused used or threatened to use violence against any person; or
(b) the bail decision maker is satisfied that the accused on a separate occasion used or threatened to use violence against the person who is the subject of the order, whether or not the accused has been convicted or found guilty of, or charged with, an offence in connection with that use or threatened use of violence.
21. An offence against section 63A of the Crimes Act 1958 (kidnapping).
22. An offence against any of the following provisions of the Crimes Act 1958 —
(a) section 75A(1) (armed robbery);
(b) section 77 (aggravated burglary);
(c) section 77A (home invasion);
(d) section 79 (carjacking);
(e) section 197A (arson causing death);
(f) section 318(1) (culpable driving causing death);
(g) section 319(1) or (1A) (dangerous driving causing death or serious injury);
(h) section 319AA(1) (dangerous or negligent driving while pursued by police).
23. Any indictable offence in the course of committing which the accused, or any person involved in the commission of the offence, is alleged to have used or threatened to use a firearm, offensive weapon, or explosive as defined by section 77 of the Crimes Act 1958 .
24. An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981 —
(a) section 71AB (trafficking in a drug or drugs of dependence to a child);
(b) section 71AC (trafficking in a drug of dependence);
(c) section 72B (cultivation of narcotic plants);
(d) section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a), (b) or (c).
25. An offence against any of the following provisions of the Drugs, Poisons and Controlled Substances Act 1981 (as in force immediately before the commencement of the Drugs, Poisons and Controlled Substances (Amendment) Act 2001 )—
(a) section 71(1) (trafficking in a drug of dependence);
(b) section 72(1) (cultivation of narcotic plants);
(c) section 79(1) (conspiracy) in circumstances where the conspiracy is to commit an offence referred to in paragraph (a) or (b).
26. An offence against section 302.2, 302.3, 303.4, 303.5, 304.1, 304.2, 305.3, 305.4, 306.2, 307.1, 307.2, 307.5, 307.6, 307.8, 307.9, 307.11, 309.3, 309.4, 309.7, 309.8, 309.10, 309.11, 309.12, 309.13, 309.14 or 309.15 of the Criminal Code of the Commonwealth.
27. An offence under section 231(1), 233A or 233B(1) of the Customs Act 1901 of the Commonwealth (as in force immediately before the commencement of the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 of the Commonwealth) in circumstances where the offence is committed in relation to a commercial or trafficable quantity of narcotic goods within the meaning of that Act.
28. An indictable offence that is alleged to have been committed while the accused is the subject of a supervision order, or interim supervision order, within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009 .
29. An indictable offence, and the accused, at any time during the proceeding with respect to bail, is the subject of a supervision order, or interim supervision order, within the meaning of the Serious Sex Offenders (Detention and Supervision) Act 2009 .
30. An offence against this Act.
31. An offence of conspiracy to commit, incitement to commit or attempting to commit an offence referred to in any other item of this Schedule.".
14 Consequential amendments
(1) In section 3A of the Bail Act 1977 —
(a) for "a court must take" substitute "a bail decision maker must take";
(b) in the Note at the foot of the section, for "a court" substitute "a bail decision maker".
(2) In section 3B(1) and (2) of the Bail Act 1977 , for "a court" substitute "a bail decision maker".
(3) In section 5AA(2) of the Bail Act 1977 , for " section 5(4)" substitute "section 5AAA(2)".
(4) In section 7(1) of the Bail Act 1977 , for "the court" (wherever occurring) substitute "the bail decision maker".
(5) In section 8(1) of the Bail Act 1977 , for "the court" (wherever occurring) substitute "the bail decision maker".
(6) In section 8(1)(e) of the Bail Act 1977 , for "it" substitute "the bail decision maker".
(7) In section 9(3) of the Bail Act 1977 , for "the court" substitute "the bail decision maker".
(8) In section 9(3A)(b) of the Bail Act 1977 , after "any other" insert "bail decision maker or to a".
(9) In section 9(3B)(a)(iii) and (b)(ii), (3C) and (3D) of the Bail Act 1977 , omit "authorised by section 27".
(10) For the Note at the foot of sections 10(5), 10A(5) and 12(3) of the Bail Act 1977 substitute —
" Note
Only a court may grant bail to a person accused of a Schedule 1 offence. See section 13.".
(11) Section 14 of the Bail Act 1977 is repealed .
(12) In section 16(1) of the Bail Act 1977 , for "no court" substitute "no bail decision maker".
(13) In section 16B of the Bail Act 1977 —
(a) for "court or bail justice" substitute "bail decision maker";
(b) omit "or a police officer discharging a child on bail under section 10";
(c) for "court or bail justice or police officer" substitute "bail decision maker".
(14) In section 17(1) and (2) of the Bail Act 1977 , for "A court" substitute "A bail decision maker".
(15) In sections 18(3)(a), 18AC(3)(a) and 18AE(2)(a) of the Bail Act 1977 omit "or a judge of the Supreme Court".
(16) In section 26(1) of the Bail Act 1977 —
(a) for "a court by which" substitute "bail decision maker by whom or which";
(b) for "the court" substitute "the bail decision maker".
(17) In section 27(1) of the Bail Act 1977 —
(a) for "the court"(where twice occurring) substitute "the bail decision maker";
(b) for "any other court" substitute "any court".
15 Amendments consequential on Fines Reform Act 2014
(1) In section 3 of the Bail Act 1977 , for paragraph (d) of the definition of bail decision maker substitute —
"(d) the sheriff or a person authorised under section 115(5) of the Fines Reform Act 2014 ;".
(2) In section 5AA(1) and (2) of the Bail Act 1977 , for "section 84(5) of the Infringements Act 2006 " substitute "section 115(5) of the Fines Reform Act 2014 ".
(3) In section 10(2) and (5) of the Bail Act 1977 , for "section 84(5) of the Infringements Act 2006 " substitute "section 115(5) of the Fines Reform Act 2014 ".
16 Amendments consequential on National Domestic Violence Order Scheme Act 2016
(1) In section 3 of the Bail Act 1977 , insert the following definition after the definition of "prison"—
""recognised DVO" has the same meaning as in the Family Violence Protection Act 2008 ;".
(2) In section 4(4H) of the Bail Act 1977 —
(a) in paragraph (b), for "accused." substitute "accused; or";
(b) after paragraph (b) insert —
"(c) a recognised DVO made against the accused.".
(3) In section 5AAA(2)(c) of the Bail Act 1977 , for "or family violence safety notice" substitute ", family violence safety notice or recognised DVO".
(4) In section 5AAA(3) of the Bail Act 1977 , for "or family violence safety notice" substitute ", family violence safety notice or recognised DVO".
(5) For the Note at the foot of section 5AAA(3) of the Bail Act 1977 substitute —
" Note
Sections 175AA, 175AB and 175AC of the Family Violence Protection Act 2008
provide that if it is not possible to comply with both a bail condition and a
family violence safety notice, a family violence intervention order or a
recognised DVO, the safety notice, intervention order or recognised DVO
prevails to the extent of the inconsistency.".
Part 3—Amendment of Family Violence Protection Act 2008
17 New sections 175AA and 175AB inserted
After section 175 of the Family Violence Protection Act 2008 insert —
(1) This section applies if—
(a) a person is on bail subject to conditions; and
(b) the person is subject to a family violence safety notice; and
(c) there is an inconsistency between a bail condition and the family violence safety notice; and
(d) the inconsistency makes it impossible for the person to comply with both the bail condition and the family violence safety notice.
(2) The family violence safety notice prevails to the extent of the inconsistency referred to in subsection (1)(c) and (d).
(1) This section applies if—
(a) a person is on bail subject to conditions; and
(b) the person is subject to a family violence intervention order; and
(c) there is an inconsistency between a bail condition and the family violence intervention order; and
(d) the inconsistency makes it impossible for the person to comply with both the bail condition and the family violence intervention order.
(2) The family violence intervention order prevails to the extent of the inconsistency referred to in subsection (1)(c) and (d).".
18 New section 175AC inserted (consequential on National Domestic Violence Order Scheme Act 2016)
Before section 176 of the Family Violence Protection Act 2008 insert —
(1) This section applies if—
(a) a person is on bail subject to conditions; and
(b) the person is subject to a recognised DVO; and
(c) there is an inconsistency between a bail condition and the recognised DVO; and
(d) the inconsistency makes it impossible for the person to comply with both the bail condition and the recognised DVO.
(2) The recognised DVO prevails to the
extent of the inconsistency referred to in subsection (1)(c) and (d).".
Part 4—Consequential amendment of other Acts and repeal of amending Act
Division 1—Consequential amendment of other Acts
19 Children, Youth and Families Act 2005
(1) In section 346(2)(b) of the Children, Youth and Families Act 2005 , for "under section 10 of" substitute "in accordance with".
(2) For the Note at the foot of section 346 of the Children, Youth and Families Act 2005 substitute —
" Note
The Bail Act 1977 contains provisions that are particular to children. These include the following—
• section 3B (determination in relation to a child);
• section 5AA (conditions of bail granted to a child in certain circumstances);
• section 10(3) (power of police officer, sheriff or authorised person to grant or refuse bail);
• section 10A(3) and (6) (power of bail justice to grant or refuse bail);
• section 12(4) and (5) (power of court to grant or refuse bail);
• section 16B (capacity of child to enter into undertaking);
• section 24(3A) (arrest of person released on bail).".
In section 78D(3)(b) of the Corrections Act 1986 , for "under section 4 of" substitute "in accordance with".
At the foot of section 464A(1) of the Crimes Act 1958 insert —
" Note
Section 10 of the Bail Act 1977 applies at the expiration of the reasonable time referred to in subsection (1).".
22 Criminal Procedure Act 2009
For the Note at the foot of section 144(2)(c) of the Criminal Procedure Act 2009 substitute —
" Notes
1 Section 13 of the Bail Act 1977 prevents the Magistrates' Court granting bail to a person committed for trial on a charge of treason.
2 See section 333 where the accused is undergoing a sentence of detention in a youth justice centre.".
Section 250 of the Fines Reform Act 2014 is repealed .
24 Magistrates' Court Act 1989
(1) At the foot of section 64(2) of the Magistrates' Court Act 1989 insert —
" Note
Section 10A or 12 of the Bail Act 1977 applies on a person being brought before a bail justice or the Court at the expiration of the reasonable time referred to in subsection (2)(a).".
(2) In section 64(3) of the Magistrates' Court Act 1989 , for "under section 10 of" substitute "in accordance with".
(3) At the foot of section 78(2) of the Magistrates' Court Act 1989 insert —
" Note
Section 10A or 12 of the Bail Act 1977 applies on a person being brought before a bail justice or the Court at the expiration of the reasonable time referred to in subsection (2)(a).".
(4) In section 78(3) of the Magistrates' Court Act 1989 , for "under section 10 of" substitute "in accordance with".
In section 69F(1) of the Sentencing Act 1991 , for "under section 10 of" substitute "in accordance with".
26 Sex Work Act 1994
In section 64(6) of the Sex Work Act 1994 , for "under section 10 of" substitute "in accordance with".
Section 10(2) of the Victims' Charter Act 2006 is repealed .
28 Victorian Civil and Administrative Tribunal Act 1998
In sections 134(5)(b) and 137(4)(b) of the Victorian Civil and Administrative Tribunal Act 1998 , for "court" substitute "bail decision maker".
Division 2—Repeal of amending Act
29 Repeal of amending Act
This Act is repealed on 1 November 2019.
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 ).
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