Victorian Numbered Acts Victorian Numbered Acts(1) In section 13(3) of the Bail Act 1977 , for "Only" substitute "Subject to subsections (4) and (5), only".
(2) After section 13(3) of the Bail Act 1977 insert —
"(4) Subsection (3) does not apply to a person who is a child, a vulnerable adult or an Aboriginal person and who is accused of a Schedule 1 offence if the only Schedule 1 offence of which the person is accused is an offence that is a Schedule 1 offence only because of item 3 of that Schedule or (in relation to an offence referred to in item 3) item 12 of that Schedule.
(5) Subsection (3) does not apply to a person accused of a Schedule 1 offence if the only Schedule 1 offence of which the person is accused is a relevant Schedule 1 offence.
(6) For the purposes of subsection (5), a relevant Schedule 1 offence is an offence that—
(a) is an offence—
(i) referred to in item 1 or 30 of Schedule 2 (and not referred to in any other item of Schedule 2); or
(ii) in relation to an offence described in subparagraph (i), referred to in item 31 of Schedule 2; and
(b) is a Schedule 1 offence only because of item 3 of Schedule 1 or (in relation to an offence referred to in item 3 of Schedule 1) item 12 of Schedule 1.".