New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 3

3 Interpretation

(1) In this Act--

"aggregate sentence of imprisonment" --see section 53A.

"associate with" means--

(a) to be in company with, or

(b) to communicate with by any means (including post, facsimile, telephone and email).

"authorised officer" has the same meaning as it has in the Criminal Procedure Act 1986 .

"Commissioner" means the Commissioner of Corrective Services, Department of Justice.

"community correction order" means an order referred to in section 8.

"community corrections officer" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .

"community service work" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .

"community service work condition" --see sections 73A and 89.

"compulsory drug treatment detention" means detention in accordance with Part 4A of the Crimes (Administration of Sentences) Act 1999 .

"conditional release order" means an order referred to in section 9.

"convicted inmate" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .

"correctional centre" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .

"correctional officer" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .

"Corrective Services NSW" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .

"court" means--

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

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

but, subject to the Children (Criminal Proceedings) Act 1987 , does not include the Children's Court or any other court that, or person who, exercises the functions of the Children's Court.

"detention centre" has the same meaning as it has in the Children (Detention Centres) Act 1987 .

"domestic violence offence" has the same meaning as it has in the Crimes (Domestic and Personal Violence) Act 2007 .

"Drug Court" means the Drug Court of New South Wales constituted under the Drug Court Act 1998 .

"exercise" a function includes perform a duty.

"full-time detention" means detention in a correctional centre.

"function" includes a power, authority or duty.

"graffiti offence" means an offence under the Graffiti Control Act 2008 .

"home detention" means detention in accordance with Part 4 of the Crimes (Administration of Sentences) Act 1999 .

"home detention condition" --see section 73A.

"inmate" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .

"intensive correction" has the same meaning as in the Crimes (Administration of Sentences) Act 1999 .

"intensive correction order" means an order referred to in section 7.

"intervention plan" has the same meaning as in the Criminal Procedure Act 1986 .

"intervention program" has the same meaning as in the Criminal Procedure Act 1986 .

"intervention program order" means an order referred to in section 10 (1) (c).

"juvenile justice officer" has the same meaning as it has in the Children (Detention Centres) Act 1987 .

"juvenile justice officer" means a juvenile justice officer employed in the Department of Justice.

"non-association order" means an order referred to in section 17A (2) (a).

"non-parole period" means a non-parole period referred to in section 44 (1).

"offender" means a person whom a court has found guilty of an offence.

"Parole Authority" means the State Parole Authority constituted by section 183 of the Crimes (Administration of Sentences) Act 1999 .

"person subject to control" has the same meaning as it has in the Children (Detention Centres) Act 1987 .

"place restriction order" means an order referred to in section 17A (2) (b).

"proceed to" a conviction includes record a conviction.

"sentence" means--

(a) when used as a noun, the penalty imposed for an offence, and

(b) when used as a verb, to impose a penalty for an offence.

"Sentencing Council" means the New South Wales Sentencing Council constituted under Part 8B.

"sentencing court" , in relation to an offender undergoing a penalty imposed by a court, means the court by which the penalty was imposed.

"supervision condition" --see sections 73, 89 and 99.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) In this Act--

(a) a reference to a sentence of imprisonment to which an offender is subject includes a reference to a sentence that has been imposed but is yet to commence, and

(b) a reference to the term of a sentence of imprisonment is, if the term is varied under this or any other Act, a reference to the term as so varied, and

(c) a reference to a non-parole period of a sentence of imprisonment is, if the period is varied under this or any other Act, a reference to the period as so varied, and

(d) a reference to a court that has sentenced an offender, made an order or given a direction includes a reference to the same court differently constituted, and

(e) a reference to a condition that a person not commit any offence is a reference to any offence whether committed in New South Wales or in any other State or Territory, and

(f) a reference to an obligation that a person not commit any offence is a reference to any offence whether committed in New South Wales or in any other State or Territory.

(3) Notes in the text of this Act do not form part of this Act.