Victorian Current Acts Victorian Current ActsIn this Act unless inconsistent with the context or subject-matter—
S. 3 def. of Aboriginal bail support service inserted by No. 28/2023 s. 31.
"Aboriginal bail support service" means a bail support service that is provided by an entity that—
(a) is managed by Aboriginal people; or
(b) operates for the benefit of Aboriginal people;
S. 3 def. of Aboriginal person inserted by No. 70/2010 s. 4(1), amended by No. 28/2023 s. 111.
"Aboriginal person" means a person who—
(a) is descended from an Aboriginal or Torres Strait Islander; and
(b) identifies as an Aboriginal or Torres Strait Islander; and
(c) is accepted as an Aboriginal or Torres Strait Islander by an Aboriginal or Torres Strait Island community;
S. 3 def. of
bail decision maker inserted by No. 26/2017 s. 4(1), amended by
Nos 26/2017 s. 15(1), 3/2018 s. 3(1).
"bail decision maker" means any of the following empowered under this Act to grant bail, extend bail, vary the amount of bail or the conditions of bail or revoke bail—
(a) a court;
(b) a bail justice;
(c) a police officer;
(d) the sheriff or a person authorised under section 115(5) of the Fines Reform Act 2014 ;
S. 3 def. of bail guarantee inserted by No. 28/2023 s. 42.
"bail guarantee" means an undertaking, given by one or more persons, to pay a specified amount if there is—
(a) a failure to comply with a bail undertaking or an undertaking given under section 16B (as the case requires); or
(b) a failure to comply with a condition of the grant of bail in respect of which the undertaking referred to in paragraph (a) was given;
S. 3 def. of bail guarantor inserted by No. 28/2023 s. 42.
"bail guarantor" means a person who gives a bail guarantee;
S. 3 def. of
bail justice inserted by
No. 51/1989
s. 142(a), substituted by No. 35/2002 s. 25(1), amended by
No. 70/2010 s. 4(2), repealed by No. 32/2014 s. 56.
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S. 3 def. of
bail support service inserted by No. 44/2013 s. 3, amended by
No. 28/2023 s. 71.
"bail support service" means a service provided to assist an accused to comply with the accused's bail undertaking (whether or not that type of service is also provided to persons other than an accused on bail) including, but not limited to—
(a) bail support programs;
(b) medical treatment;
(c) counselling services or treatment services for substance abuse or other behaviour which may lead to commission of offences;
(d) counselling, treatment, support or assistance services for one or more of the following—
(i) a mental illness;
(ii) an intellectual disability;
(iii) an acquired brain injury;
(iv) autism spectrum disorder;
(v) a neurological impairment, including, but not limited to, dementia;
(e) services to help resolve homelessness;
S. 3 def. of bail undertaking inserted by No. 28/2023 s. 90(1).
"bail undertaking" means an undertaking given under section 5(1) ;
S. 3 def. of child inserted by No. 1/2016 s. 9.
child has the same meaning as in the Children, Youth and Families Act 2005 ;
S. 3 def. of cocaine inserted by No.
89/1986
s. 4(a), repealed by No. 64/1998 s. 4.
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S. 3 def. of conduct condition inserted by No. 44/2013 s. 3, amended by No. 26/2017 s. 4(2)(a).
"conduct condition" means a condition of bail imposed under section 5AAA(4);
S. 3 def. of court amended by Nos
19/1989
s. 16(Sch. item 7.1),
51/1989
s. 142(b), 37/2014 s. 10(Sch. item 8.1(b)), repealed by
No. 26/2017 s. 4(2)(b).
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S. 3 def. of drug of dependence
inserted by No. 89/1986
s. 4(b).
"drug of dependence" has the same meaning as in the Drugs, Poisons and Controlled Substances Act 1981 ;
S. 3 def. of electronic signature inserted by No. 11/2021 s. 24.
"electronic signature "includes, but is not limited to—
(a) a person confirming their agreement by electronically selecting an option indicating affirmation; or
(b) a person providing a scanned or photographed copy of a document signed by hand;
S. 3 def. of family violence inserted by No. 26/2017 s. 4(1).
"family violence" has the same meaning as in the Family Violence Protection Act 2008 ;
S. 3 def. of family violence intervention order inserted by No. 26/2017 s. 4(1).
family violence intervention order has the same meaning as in the Family Violence Protection Act 2008 ;
S. 3 def. of family violence offence inserted by No. 26/2017 s. 4(1).
"family violence offence" means—
(a) an offence against section 37(2), 37A(2), 123(2), 123A(2) or 125A(1) of the Family Violence Protection Act 2008 ; or
(b) an offence where the conduct of the accused is family violence;
S. 3 def. of family violence safety notice inserted by No. 26/2017 s. 4(1).
"family violence safety notice" has the same meaning as in the Family Violence Protection Act 2008 ;
S. 3 def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 9), amended by No. 17/2014 s. 160(Sch. 2 item 10).
"legal practitioner" means an Australian legal practitioner;
S. 3 def. of heroin inserted by No.
89/1986
s. 4(b), repealed by No. 64/1998 s. 4.
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S. 3 def. of parent inserted by No. 1/2016 s. 9.
"parent" has the same meaning as in the Children, Youth and Families Act 2005 ;
S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 8.1(a)).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
S. 3 def. of prison amended by Nos 10087 s. 3(1)(Sch. 1 item 4), 16/1987 s. 4(3)(Sch. 1 item 3), 56/1989 s. 286(Sch. 2 item 2.1), 48/2006 s. 42(Sch. item 4.1).
"prison" includes remand centre or youth justice centre under the Children, Youth and Families Act 2005 and any other place where persons may be detained in legal custody and imprisonment has a corresponding interpretation;
S. 3 def. of prosecutor inserted by No. 3/2018 s. 3(2).
"prosecutor", in relation to an application under this Act, includes the informant, a police prosecutor and any other person appearing on behalf of the Crown;
S. 3 def. of recognised DVO inserted by No. 26/2017 s. 16(1).
"recognised DVO" has the same meaning as in the Family Violence Protection Act 2008 ;
S. 3 def. of Schedule 1 offence inserted by No. 26/2017 s. 4(2)(c).
Schedule 1 offence means an offence specified in Schedule 1 and, if circumstances are specified in Schedule 1 in relation to that offence, means an offence committed in those circumstances;
S. 3 def. of Schedule 2 offence inserted by No. 26/2017 s. 4(2)(c).
Schedule 2 offence means an offence specified in Schedule 2 and, if circumstances are specified in Schedule 2 in relation to that offence, means an offence committed in those circumstances;
S. 3 def. of section 17 notice inserted by No. 11/2021 s. 24.
section 17 notice means the written notice of conditions of bail required by section 17;
S. 3 def. of serious offence inserted by No. 1/2016 s. 6, repealed by No. 3/2018 s. 23(1).
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S. 3 def. of step 1—exceptional circum-stances test inserted by No. 28/2023 s. 29.
step 1—exceptional circumstances test —see section 4A;
S. 3 def. of step 1—show compelling reason test inserted by No. 28/2023 s. 29.
step 1—show compelling reason test —see section 4B;
S. 3 def. of step 1 test inserted by No. 28/2023 s. 29.
step 1 test means—
(a) the step 1—exceptional circumstances test; or
(b) the step 1—show compelling reason test;
S. 3 def. of step 2—unacceptable risk test inserted by No. 28/2023 s. 29.
step 2—unacceptable risk test —see section 4D;
S. 3 def. of surrounding circum-stances inserted by No. 3/2018 s. 3(2).
"surrounding circumstances"—see section 3AAA;
S. 3 def. of terrorism or foreign incursion offence inserted by No. 32/2018 s. 80(1).
"terrorism or foreign incursion offence" means an offence against—
(a) section 4B of the Terrorism (Community Protection) Act 2003 ; or
(b) a provision of another State or a Territory that corresponds to section 4B of the Terrorism (Community Protection) Act 2003 ; or
(c) a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth; or
(d) a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth; or
(e) a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;
S. 3 def. of terrorism record inserted by No. 32/2018 s. 80(1).
"terrorism record"—see section 3AAB;
S. 3 def. of terrorism-related order inserted by No. 32/2018 s. 80(1).
"terrorism-related order" means—
(a) a control order within the meaning of Part 5.3 of the Criminal Code of the Commonwealth; or
(b) a continuing detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or
(c) an interim detention order within the meaning of Division 105A of Part 5.3 of the Criminal Code of the Commonwealth; or
(d) a preventative detention order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003 ; or
(e) a prohibited contact order within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003 ; or
(f) an order made under a corresponding preventative detention law within the meaning of Part 2A of the Terrorism (Community Protection) Act 2003 ;
S. 3 def. of terrorism risk information inserted by No. 32/2018 s. 80(1).
"terrorism risk information"—see section 3AAC;
S. 3 def. of terrorist act inserted by No. 1/2016 s. 3.
"terrorist act" has the same meaning as in the Terrorism (Community Protection) Act 2003 ;
S. 3 def. of terrorist organisation inserted by No. 1/2016 s. 3, substituted by No. 32/2018 s. 80(2).
"terrorist organisation" has the same meaning as in Division 102 of the Criminal Code of the Commonwealth;
S. 3 def. of unacceptable risk test inserted by No. 3/2018 s. 3(2).
"unacceptable risk test"—see section 4E;
S. 3 def. of undertaking amended by No. 68/2009 s. 97(Sch. items 11.1, 11.2), substituted by No. 26/2017 s. 4(2)(d), amended by No. 3/2018 s. 3(3), repealed by No. 28/2023 s. 90(2).
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S. 3 def. of vulnerable adult inserted by No. 3/2018 s. 3(2).
"vulnerable adult"—see section 3AAAA.
S. 3AAAA inserted by No. 3/2018 s. 4.