New South Wales Consolidated Acts

BAIL ACT 1978 - SECT 4

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"appeal" includes an application for leave to appeal and a proceeding by way of appeal.
"authorised justice" means:

(a) a registrar of the Local Court, or

(b) an officer of the Attorney General’s Department or the Department of Corrective Services who is declared (whether by name or by reference to the holder of a particular office) by the Minister by instrument in writing published in the Gazette to be an authorised justice for the purposes of this Act, or

(c) a person prescribed by the regulations for the purposes of this definition.

"authorised officer", in relation to a person in custody, means a police officer who may grant bail to the person under Part 3.
"bail" means authorisation to be at liberty under this Act, instead of in custody.
"bail condition" means a condition under section 36, 36A or 36B.
"bail undertaking" means an undertaking under section 34.
"close relative", in relation to a person, means:

(a) a mother, father, wife, husband, daughter, son, step-daughter, step-son, sister, brother, half-sister or half-brother of the person, or the other party to a domestic relationship to which the person is a party, or

(b) if the person is a party to a domestic relationship, any person who is a relative, of the kind mentioned in paragraph (a), of either party to the relationship.

"conviction" includes a finding of guilt and (without limiting the generality of the foregoing provisions of this definition) the making of an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 or section 33 (1) (a) of the Children (Criminal Proceedings) Act 1987 .
"court" means:

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

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

"Court of Criminal Appeal" includes a Judge of that Court.
"District Court" means the District Court of New South Wales in its criminal and special jurisdiction, and includes a Judge of that Court.
"domestic relationship" has the same meaning as in the Property (Relationships) Act 1984 .
"domestic violence offence" has the same meaning as it has in the Crimes (Domestic and Personal Violence) Act 2007 .
"Industrial Relations Commission" includes a judicial member of that Commission.
"Judge" means a Judge of the Supreme Court, Court of Criminal Appeal, Land and Environment Court or District Court, or a judicial member of the Industrial Relations Commission.
"Land and Environment Court" includes a Judge of the Land and Environment Court.
"Local Court" includes a licensing court under the Liquor Act 1912 and the Children’s Court.
"magistrate" means a magistrate under the Local Courts Act 1982 , a licensing magistrate under the Liquor Act 1982 , a Children’s Magistrate or an industrial magistrate under the Industrial Relations Act 1996 .
"offence" includes an alleged offence.
"passport" has the same meaning as it has in the Migration Act 1958 of the Commonwealth.
"regulations" means regulations made under this Act.
"Supreme Court" means the Supreme Court of New South Wales, and includes a Judge of that Court.

(2) A reference in this Act to an accused person, or a person accused of an offence, includes a reference to:

(a) a person charged with, convicted of or found guilty of an offence,

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

(c) a person in respect of whom an appeal (including an appeal to the High Court) relating to an offence is pending,

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

(e) a person who may appear or be brought before a court under section 98 of the Crimes (Sentencing Procedure) Act 1999 or section 116 of the Crimes (Administration of Sentences) Act 1999 , and

(f) a person who may appear or be brought before a court pursuant to section 21 (1) (d) or 26 (1) (c) of the Children (Community Service Orders) Act 1987 .

(3) A reference in this Act to entering into a bail condition is a reference, if the condition is imposed under:

(a) section 36 (2) (a), (a1), (c) or (d), section 36A (2) (a) or (b) or section 36B (1) (a) or (b)-to entering into the agreement or agreements,

(b) section 36 (2) (b)-to making and signing the acknowledgment,

(c) section 36 (2) (e) or (f)-to entering into the agreement or agreements and depositing the security, or

(d) section 36 (2) (g) or (h)-to entering into the agreement or agreements and depositing the amount or amounts of money,

in accordance with the condition.

(4) A reference in this Act to an offence punishable summarily includes a reference to an indictable offence that is punishable summarily, whether with or without the consent of the accused person, and whether or not it is in fact dealt with summarily.

(5) A reference (however expressed) in this Act (other than section 32) to the grant of bail includes a reference to the continuation of bail under section 43.

(6) A reference in this Act to a prison includes, in the case of a person who is under the age of 18 years, a reference to a detention centre within the meaning of the Children (Detention Centres) Act 1987 .

(7) Without limiting subsection (2) (a), a reference in that paragraph to a person charged with an offence includes a reference to a person who has been arrested and issued with a court attendance notice at a police station by a police officer.

(8) A reference in this Act to a court:

(a) in relation to applications for and the grant of bail by a court (including imposing conditions on bail), or

(b) in relation to applications for and the giving of bail undertakings to a court,

includes a reference to an authorised justice exercising the functions concerned.