New South Wales Consolidated Acts

BAIL ACT 2013 - SECT 4

4 Definitions

(1) In this Act--

"accommodation requirement" --see section 28.

"accompaniment requirement" --see section 28A.

"accused person" or
"person accused of an offence" includes the following--

(a) a person who has been charged with or convicted of an offence,

(b) a person whose conviction for an offence is stayed,

(c) a person in respect of whom proceedings on an appeal against conviction or sentence for the offence are pending,

(d) a person in respect of whom a new trial has been ordered to be held for an offence.

"apprehended violence order" has the same meaning as it has in the Crimes (Domestic and Personal Violence) Act 2007 .

"authorised justice" means--

(a) a registrar of the Local Court, or

(a1) a Children's Registrar, or other Registrar of the Children's Court, under the Children's Court Act 1987 , or

(b) an officer of the Department of Attorney General and Justice who is declared, by order of the Minister, whether by reference to his or her name or office, to be an authorised justice for the purposes of this Act, or

(c) a person, or member of a class of persons, declared by the regulations to be an authorised justice for the purposes of this Act.

"bail" --see section 7.

"bail acknowledgment" means the bail acknowledgment for a decision to grant bail given to the accused person under section 33.

"bail application" means--

(a) a release application, or

(b) a detention application, or

(c) a variation application.

"bail authority" means a police officer, an authorised justice or a court.

"bail concern" --see section 17.

"bail condition" means a condition of bail.

"bail decision" --see section 8.

"bail guarantor" means any person who enters into a bail security agreement, other than the accused person granted bail.

"bail money" means money agreed to be forfeited under a bail security agreement.

"bail security" means security for the payment of bail money deposited with a bail authority.

"bail security agreement" means an agreement entered into, or required to be entered into, under a security requirement of a bail condition (whether by the accused person or by any other person).

"character acknowledgment" --see section 27.

"child" means a person under the age of 18 years.

"Commonwealth Criminal Code" means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.

"community service order" means a community service order under the Crimes (Sentencing Procedure) Act 1999 or a children's community service order under the Children (Community Service Orders) Act 1987 .

"conclusion of proceedings" --see section 6.

"conduct requirement" --see section 25.

"conviction" includes a finding of guilt.

"correctional centre" means a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999 and includes a detention centre within the meaning of that Act (subject to the Children (Detention Centres) Act 1987 ).

"court" means--

(a) the Court of Criminal Appeal, the Supreme Court, the Land and Environment Court, the Industrial Court, the District Court or the Local Court, or

(b) any other court which, or person who, exercises criminal jurisdiction.

"detention application" --see section 50.

"domestic violence offence" has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007 .

"enforcement condition" --see section 30.

"fail to appear offence" means an offence against section 79.

"fine-only offence" means an offence not punishable by a sentence of imprisonment.

"first appearance" means a first appearance of an accused person before a court or authorised justice in proceedings for an offence.

"function" includes a power, authority or duty and
"exercise" a function includes perform a duty.

"intimate partner" , of a person (the
"first person" ), means a person who--

(a) is or has been married to the first person, or

(b) is or has been a de facto partner of the first person, or

Note--: "De facto partner" is defined in the Interpretation Act 1987 , section 21C.

(c) has or has had an intimate personal relationship with the first person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature.

"intoxicated person" means a person who appears to be seriously affected by alcohol or another drug or a combination of drugs.

"Local Court" includes the Children's Court exercising jurisdiction under the Children (Criminal Proceedings) Act 1987 .

"non-association and place restriction order" means a non-association order or a place restriction order under section 17A (2) of the Crimes (Sentencing Procedure) Act 1999 or section 33D (2) of the Children (Criminal Proceedings) Act 1987 .

"offence" includes an alleged offence.

"personal violence offence" means a personal violence offence of a kind referred to in section 4 (a) of the Crimes (Domestic and Personal Violence) Act 2007 .

"pre-release requirement" --see section 29.

"proceedings for an offence" --see section 5.

"proceedings on an appeal against conviction or sentence" --see section 5 (2).

"release application" --see section 49.

"security requirement" --see section 26.

"serious domestic violence offence" means--

(a) an offence under the Crimes Act 1900 , Part 3 with a maximum penalty of 14 years imprisonment or more if the offence is committed by a person against an intimate partner, or

(b) an offence under a law of the Commonwealth, another State or Territory or another jurisdiction that is similar to an offence under that part.

"show cause offence" --see section 16B.

"substantive" proceedings for an offence--see section 5 (3).

"supervision order" means an extended supervision order or an interim supervision order under the Crimes (High Risk Offenders) Act 2006 or the Terrorism (High Risk Offenders) Act 2017 .

"terrorist act" has the same meaning as it has in Part 5.3 of the Commonwealth Criminal Code.

"unacceptable risk" --see section 19.

"variation application" --see section 51.

"victim" of an offence includes an alleged victim of an offence.

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) A reference in this Act to a person charged with an offence includes a reference to a person who has been issued with a court attendance notice for the offence under the Criminal Procedure Act 1986 .

(3) In this Act, a power to
"vary a bail decision" includes--

(a) a power to revoke the bail decision and substitute a new bail decision, and

(b) a power to vary bail conditions.

(4) In this Act, a power to
"vary bail conditions" includes--

(a) a power to revoke a bail condition, and

(b) a power to revoke a bail condition and substitute a new bail condition, and

(c) a power to impose a new bail condition.

(5) Notes in this Act do not form part of this Act.