Bail Regulations 2014

Tasmanian Crest
Bail Regulations 2014

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Bail Act 1994 .

1 December 2014



By His Excellency's Command,


Minister for Justice

1.   Short title

These regulations may be cited as the Bail Regulations 2014 .

2.   Commencement

These regulations take effect on 22 December 2014.

3.   Interpretation

(1)  In these regulations –
Act means the Bail Act 1994 .
(2)  In these regulations, a reference to a form by a number is taken to be a reference to the form of that number set out in Schedule 1 .

4.   Notice of admission to police bail

A notice for the purposes of section 5(1) of the Act is to be in accordance with Form 1.

5.   Warrant for arrest on failure to appear

A warrant for arrest under section 5(5) or 12 of the Act is to be in accordance with Form 2.

6.   Bail document

A document for the purposes of section 7(2) of the Act is to be in accordance with Form 3.

7.   Recognizance on admission to bail

A recognizance for the purposes of section 7(5)(b) of the Act is to be in accordance with Form 4.

8.   Notice of application for forfeiture of recognizance

(1)  For the purposes of section 20(d) of the Act, notice of application to a judge or justice under section 20(a) of the Act is to be served personally.
(2)  Proof that notice of the application has been served for the purposes of section 20(d) of the Act is to be provided by a memorandum of service in accordance with Form 5.

9.   Application for bail or variation of bail

An application under section 23 of the Act –
(a) to be admitted to bail; or
(b) for variation of a condition of an order for bail –
is to be in accordance with Form 6.

10.   Miscellaneous applications under Act

(1)  An application –
(a) to show cause under section 17(1) of the Act; or
(b) under section 20(a) , 24(1) or 27 of the Act –
is to be in accordance with Form 7.
(2)  Unless otherwise ordered by the judge, justice or relevant court, an application referred to in subregulation (1) is to be supported by an affidavit specifying the material facts on which the person intends to rely.

11.   Prescribed offences

[Regulation 11 Inserted by S.R. 2020, No. 85, Applied:16 Dec 2020] For the purposes of the definition of terrorism offence in Part 1A of the Bail Act 1994 , the following offences in relation to terrorism are prescribed:
(a) an offence under section 310J of the Crimes Act 1900 of New South Wales;
(b) an offence under section 4B of the Terrorism (Community Protection) Act 2003 of Victoria.
SCHEDULE 1 - Forms

Regulation 3(2)

Form 1 - Police Bail Notice

Regulation 4

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Form 2 - Warrant for Arrest

Regulation 5

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Form 3 - Bail Document

Regulation 6

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Form 4 - Recognizance

Regulation 7

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Form 5 - Memorandum of Service

Regulation 8(2)

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Form 6 - Application for Bail or Variation of Bail

Regulation 9

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Form 7 - Application

Regulation 10

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Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 10 December 2014

These regulations are administered In the Department of Justice.