BAIL ACT 1985

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Interpretation
• 3A Serious and organised crime suspects
• 3B Terror suspects
• 4 Eligibility for bail
• 5 Bail authorities

PART 2--Bail agreements and guarantees

• 6 Nature of bail agreement
• 7 Guarantee of bail

PART 3--Applications for release on bail

Division 1--Applications generally

• 8 Form of application
• 9 Power of bail authority to make inquiries and to hear evidence
• 10 Discretion exercisable by bail authority
• 10AA Special considerations for child sexual material offences
• 10A Presumption against bail in certain cases
• 11 Conditions of bail
• 11A Bail authority may direct person to surrender firearm etc
• 12 Refusal of application

Division 2--Procedure on arrest

• 13 Procedure on arrest

PART 4--Review of decisions of bail authorities

• 14 Review of decisions of bail authorities
• 15 Telephone review
• 15A Review of magistrate's decision by Supreme Court
• 16 Stay of release on application for review

PART 5--Enforcement and termination of bail

• 17 Non-compliance with bail agreement constitutes offence
• 17A Guarantor must inform member of police force if person fails to comply with bail agreement
• 18 Arrest of eligible person on non-compliance with bail agreement
• 19 Estreatment
• 19A Arrest of person who is serious and organised crime suspect
• 19B Arrest of person who is or becomes a terror suspect
• 20 Termination of bail agreement

PART 6--Miscellaneous

• 21 Evidence
• 21A Applications on behalf of the Crown
• 21B Intervention programs
• 21C Power of delegation--intervention program manager
• 22 False information on bail applications
• 23 Period of release on bail not to count as part of sentence
• 23A Bail authority to consider intervention orders
• 24 Act not to affect provisions relating to intervention and restraining orders
• 25 Non-application of 48 Geo. III c. 58 in this State
• 26 Regulations
Legislative history The Parliament of South Australia enacts as follows: