Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (SYSTEM ENHANCEMENTS AND OTHER MATTERS) ACT 2021 (NO. 11 OF 2021) - SECT 26

After section 17 of the Bail Act 1977 insert —

        " 17A     Electronic signature of undertaking by accused

    (1)     Without limiting how an accused may enter into a written undertaking under section 5(1), the requirements for an accused to enter into a written undertaking are satisfied if—

        (a)     the bail decision maker, or another authorised person, sends a copy of the undertaking and a copy of the section 17 notice to the accused by electronic communication; and

        (b)     the accused, by return electronic communication to, or audio visual link with, the bail decision maker or authorised person confirms that the accused—

              (i)     has received a copy of the section 17 notice; and

              (ii)     understands the nature and extent of the conditions of the accused's bail; and

              (iii)     understands the consequences of the failure to comply with the conditions of bail; and

        (c)     the accused, by return electronic communication to the bail decision maker or authorised person signs the undertaking by electronic signature; and

        (d)     on receipt of the electronic communication referred to in paragraph (c) from the accused, the bail decision maker or authorised person—

              (i)     makes a note on the undertaking that the undertaking has been entered into by the accused by electronic signature; and

              (ii)     makes a note on the undertaking stating the bail decision maker's or authorised person's name and position; and

              (iii)     attaches a copy of the electronic communication from the accused to the annotated undertaking.

    (2)     Subject to subsection (3), if an undertaking is entered into in accordance with subsection (1), the annotated undertaking with the attached electronic communication from the accused constitutes the undertaking.

    (3)     If an undertaking entered into in accordance with subsection (1) has a surety or sureties and the surety signs the annotated undertaking, the undertaking is constituted by the annotated undertaking with attached electronic communication from the accused.

    (4)     If an undertaking is entered into in accordance with this section, the bail decision maker or authorised person, without delay, must cause a copy of the undertaking and the section 17 notice to be sent to the accused by electronic communication or post.

    (5)     In this section—

"authorised person "means a person authorised by section 27 to admit an accused person to bail.

        17B     Electronic signature of undertaking by child accused's parent or some other person

    (1)     Without limiting how a parent of a child or some other person (the undertaking person ) may enter into an undertaking under section 16B, the requirements for an undertaking person to enter into an undertaking are satisfied if—

        (a)     the bail decision maker, or another authorised person, sends a copy of the undertaking and a copy of the section 17 notice to the undertaking person by electronic communication; and

        (b)     the undertaking person, by return electronic communication to the bail decision maker or authorised person, signs the undertaking by electronic signature; and

        (c)     on receipt of the electronic communication from the undertaking person, the bail decision maker or authorised person—

              (i)     makes a note on the undertaking that the undertaking has been entered into by the undertaking person by electronic signature; and

              (ii)     makes a note on the undertaking stating the bail decision maker's or authorised person's name and position; and

              (iii)     attaches a copy of the electronic communication from the undertaking person to the annotated undertaking.

    (2)     Subject to subsection (3), if an undertaking is entered into in accordance with subsection (1), the annotated undertaking with the attached electronic communication from the undertaking person constitutes the undertaking.

    (3)     If an undertaking entered into in accordance with subsection (1) has a surety or sureties and the surety signs the annotated undertaking, the undertaking is constituted by the annotated undertaking with the attached electronic communication from the undertaking person.

    (4)     If an undertaking is entered into in accordance with this section, the bail decision maker or authorised person, without delay, must cause a copy of the undertaking and the section 17 notice to be sent to the undertaking person by electronic communication or post.

    (5)     In this section—

"authorised person" has the same meaning as in section 17A(5).".