Victorian Current Acts Victorian Current ActsS. 5AAB(1) amended by No. 28/2023 s. 44(2).
(1) If a bail decision maker is considering, in accordance with section 5(2)(b) , imposing a condition that requires a deposit of money of a specified amount, the bail decision maker must have regard to the means of the accused in determining—
(a) whether to impose the condition; and
(b) the amount of money to be deposited.
(2) If a bail decision maker is satisfied under subsection (1) that the accused does not have sufficient means to satisfy a condition requiring a deposit of money of a specified amount, the bail decision maker must consider whether any other condition would reduce the likelihood that the accused may do a thing mentioned in section 5AAA(1)(a) to (d).
S. 5AAB(3) amended by No. 28/2023 s. 44(3)(a)(b).
(3) If a bail decision maker is considering imposing a condition that requires a bail guarantee, the bail decision maker must have regard to the means of a proposed bail guarantor in determining—
(a) whether to impose the condition; and
S. 5AAB(3)(b) amended by No. 28/2023 s. 44(3)(c).
(b) the amount of the bail guarantee.
S. 5AAB(4) amended by No. 28/2023 s. 44(4).
(4) If a bail decision maker is satisfied under subsection (3) that the accused is unable to provide a bail guarantor with sufficient means, the bail decision maker must consider whether any other condition would reduce the likelihood that the accused may do a thing mentioned in section 5AAA(1)(a) to (d).
S. 5AA inserted by No. 1/2016 s. 11.