South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"ammunition" has the same meaning as in the Firearms Act 2015 ;
"bail authority" means a court or person constituted as a bail authority by or
under section 5;
"case manager" means a person responsible for supervision of a person's
participation in an intervention program;
"Chief Executive Officer" has the same meaning as in the
Correctional Services Act 1982 ;
"child" means a person who was, on the day on which an offence was allegedly
committed by that person, under the age of 18 years;
"Commonwealth Criminal Code" means the Criminal Code set out in the Schedule
to the Criminal Code Act 1995 of the Commonwealth, or a law of the
Commonwealth that replaces that Code;
"community corrections officer" means—
(a) in
relation to a child—an officer or employee of an administrative unit of
the Public Service whose duties include the supervision of young offenders in
the community;
(b) in
any other case—an officer or employee of an administrative unit of the
Public Service whose duties include the supervision of adult offenders in the
community;
"designated police facility" has the same meaning as in section 78 of the
Summary Offences Act 1953 ;
"eligible person" means a person who is eligible to apply for release on bail
under section 4;
"financial condition", in relation to bail, means a condition requiring an
applicant for bail to provide security or obtain guarantees, or requiring a
guarantor to provide security; and "non-financial condition has a correlative
meaning;
"firearm" has the same meaning as in the Firearms Act 2015 ;
"firearm part" has the same meaning as in the Firearms Act 2015 ;
"guarantee" means an agreement under section 7;
"guarantor" means a person who enters into a guarantee;
"guardian", in relation to a child, means a parent of the child and any person
who is the legal guardian of the child or who has the immediate custody and
control of the child;
"intervention program" means a program that provides—
(a)
supervised treatment; or
(b)
supervised rehabilitation; or
(c)
supervised behaviour management; or
(d)
supervised access to support services; or
(e) a
combination of any one or more of the above,
designed to address behavioural problems (including problem gambling),
substance abuse or mental impairment;
"intervention program manager" means a person employed by the South Australian
Courts Administration Authority to have general oversight of
intervention programs and coordinate the implementation of relevant court
orders (and includes a delegate of such a person);
"officer in charge", in relation to a police station, means the police officer
for the time being in charge of the police station;
"responsible officer", in relation to a police station, means—
(a) the
officer in charge of the police station; or
(b) if a
police officer has, for the time being, been designated by the
officer in charge of the police station as the officer with responsibility for
persons accepted into custody at the police station—that officer;
"serious and organised crime offence" has the same meaning as in the
Criminal Law Consolidation Act 1935 ;
"serious and organised crime suspect"—see section 3A;
"telephone" includes any telecommunication device for the transmission of
speech;
"terrorism intelligence authority" means a terrorism intelligence authority
designated by regulations under section 74B of the Police Act 1998 ;
"terrorism notification" means a terrorism notification under section 74B
of the Police Act 1998 ;
"terrorist offence" means—
(a) an
offence against Division 72 Subdivision A of the
Commonwealth Criminal Code (International terrorist activities using explosive
or lethal devices); or
(b) a
terrorism offence against Part 5.3 of the Commonwealth Criminal Code
(Terrorism) where the maximum penalty is 7 or more years imprisonment; or
(c) an
offence against Part 5.5 of the Commonwealth Criminal Code (Foreign
incursions and recruitment), except an offence against
subsection 119.7(2) or (3) (Publishing recruitment advertisements); or
(d) an
offence against the repealed Crimes (Foreign Incursions and Recruitment)
Act 1978 of the Commonwealth, except an offence against
paragraph 9(1)(b) or (c) of that Act (Publishing recruitment
advertisements); or
(e) an
offence of a kind prescribed by the regulations for the purposes of this
definition;
"terror suspect"—see section 3B;
"training centre" has the same meaning as in the Young Offenders
Act 1993 ;
"victim", in relation to an offence, means a person who allegedly suffers
injury in consequence of the commission of the offence;
"working day" means any day except a Saturday, Sunday or public holiday.
(2) For the purposes
of this Act, a person will be taken to have been convicted of an offence if a
formal finding of guilt has been made against that person by a court whether
or not the court proceeds to record a conviction.