Do Victorian Magistrates have an independent power to grant bail under s 83 of the Service and Execution of Process Act 1992 (Cth)?

According to Magistrate M. H. Thomas, the answer is yes.

In October Felicity appeared on a matter  for a vulnerable client accused of murder, who had been arrested by Victoria Police in response to warrants issued by the Deniliquin Local Court (NSW) in July 2025. A bail application raised the issue as to whether the Magistrates Court was bound by s 13(2) of the Bail Act, and therefore did not have jurisdiction to decide on bail on a murder charge. Magistrate Thomas’ preliminary view was that his court did not have that power and after questions were raised regarding the Accused’s rights under the Victorian Human Rights Charter, a referral was made to the Supreme Court… read how this matter unfolded on the Greens List website!