New South Wales Repealed Acts

This legislation has been repealed.

PERIODIC DETENTION OF PRISONERS ACT 1981 - SECT 4

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"additional term" has the same meaning as it has in the Sentencing Act 1989 .
"Commissioner" means the Commissioner of Corrective Services.
"court" includes a judge, Magistrate or a justice or justices sitting as a Local Court.
"detention period", in relation to a person in respect of whom an order for periodic detention is made, means a period that:

(a) occurs during the term of the sentence of imprisonment to which the order applies, and

(b) subject to any order of the Commissioner under section 11A or 12:

(i) commences at 7.00 pm on the same date of the week as the date specified in the order of the court imposing the sentence as the date on which the sentence commences, and

(ii) ends at 4.30 pm on the second day after the day on which the period commences,

but does not include any such period which includes the whole or any part of Christmas Day, Good Friday or Easter Sunday.
"fixed term" has the same meaning as it has in the Sentencing Act 1989 .
"governor", in relation to a prison, means the superintendent, governor, gaoler or other officer for the time being in charge of the prison.
"justice" means justice of the peace.
"minimum term" has the same meaning as it has in the Sentencing Act 1989 .
"order for periodic detention" means an order under section 5 (1) or an order under section 89 of the Fines Act 1996 .
"Parole Board" means the Parole Board constituted by the Sentencing Act 1989 .
"periodic detainee" means a person in respect of whom an order for periodic detention is in force.
"periodic detention", in relation to a person in respect of whom an order for periodic detention is in force, means detention in prison for such number of detention periods as there are in the term of the person's sentence of imprisonment.
"prison" means a correctional centre within the meaning of the Correctional Centres Act 1952 .
"regulation" means a regulation under this Act.
"rule" means a rule in force under section 23.
" section 5B order" means an order for periodic detention that, under section 5B, requires a person's sentence to be served by way of periodic detention wholly or partly concurrently with, or cumulatively on, some other sentence that is being or is to be served by the person by way of periodic detention.

(2) A reference in this Act to an order made under section 10, 11, 11A, 12 or 13 includes a reference to the order as amended, varied or altered under section 16.