Victorian Current Acts

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BAIL ACT 1977 - SECT 3

Definitions

In this Act unless inconsistent with the context or subject-matter—

S. 3 def. of Aboriginal person inserted by No. 70/2010 s. 4(1).

"Aboriginal person" means a person who—

        (a)     is descended from an Aborigine or Torres Strait Islander; and

        (b)     identifies as an Aborigine or Torres Strait Islander; and

        (c)     is accepted as an Aborigine or Torres Strait Islander by an Aboriginal or Torres Strait Island community;

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s. 142(a), substituted by No. 35/2002 s. 25(1), amended by No. 70/2010 s. 4(2), repealed by No. 32/2014 s. 56.

    *     *     *     *     *

S. 3 def. of
bail support service inserted by No. 44/2013 s. 3.

"bail support service" means a service provided to assist an accused to comply with his or her 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 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s. 4(a), repealed by No. 64/1998 s. 4.

    *     *     *     *     *

S. 3 def. of conduct condition inserted by No. 44/2013 s. 3.

"conduct condition" means a condition of bail imposed under section 5(2A);

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)).

"court" means court or judge and, in any circumstances where a police officer or other person is empowered under the provisions of this Act to grant bail, includes that member or person;

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 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.

    *     *     *     *     *

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 serious offence inserted by No. 1/2016 s. 6.

"serious offence" means—

        (a)     an offence (other than murder) referred to in the definition of serious offence in section 3(1) of the Sentencing Act   1991 ; or

        (b)     an offence (other than murder) that, at the time it was committed, was an offence referred to in the definition of serious offence in section 3(1) of the Sentencing Act 1991 ;

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.

"terrorist organisation" means an organisation that is directly or indirectly—

        (a)     engaged in; or

        (b)     preparing for; or

        (c)     planning; or

        (d)     assisting in; or

        (e)     fostering—

the doing of a terrorist act;

S. 3 def. of undertaking amended by No. 68/2009 s. 97(Sch. items 11.1, 11.2).

"undertaking" means undertaking in writing signed by an accused or an accused and his surety or sureties that the accused will attend upon an adjourned hearing or upon his trial or for sentence and surrender himself into custody.

S. 3A
inserted by No. 70/2010 s. 5.



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