South Australian Current Acts

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        (1)         In this Part—

"authorised person" means a person authorised by the Minister to exercise the powers of an authorised person under this Part;

"consumption" of a drug includes—

            (a)         injection of the drug (either by the person to whom the drug is administered or someone else); and

            (b)         inhalation of the drug; and

            (c)         any other means of introducing the drug into the body;

"continuing supervision order"—see section 269UB;

"defence"—a defence exists if, even though the objective elements of an offence are found to exist, the defendant is entitled to the benefit of an exclusion, limitation or reduction of criminal liability at common law or by statute;

"defensible"—a defendant's conduct is to be regarded as defensible in proceedings under this Part if, on the trial of the offence to which the proceedings relate, a defence might be found to exist;

"Division 3A order"—see section 269NB;

"drug" means alcohol or any other substance that is capable (either alone or in combination with other substances) of influencing mental functioning;

"intoxication" means a temporary disorder, abnormality or impairment of the mind that results from the consumption or administration of a drug;

"judge" includes magistrate;

"limiting term" for a supervision order—see section 269O;

"medical practitioner" means a registered medical practitioner or registered dentist;

"mental illness" means a pathological infirmity of the mind (including a temporary one of short duration) 1 ;

"mental impairment" includes—

            (a)         a mental illness; or

            (b)         an intellectual disability; or

            (c)         a disability or impairment of the mind resulting from senility;

"Minister" means the Minister responsible for the administration of the Mental Health Act 1993 ;

"next of kin" of a person means a person's spouse, domestic partner, parents and children;

"objective element" of an offence means an element of an offence that is not a subjective element;

"prescribed authority" means—

            (a)         the person for the time being performing the duties, or holding or acting in the position, of the Clinical Director, Forensic Mental Health Service South Australia; or

            (b)         if no such position exists—the person declared by the regulations to be the prescribed authority for the purposes of this Part;

"psychiatrist" means a person registered under the Health Practitioner Regulation National Law as a specialist in psychiatry;

"recreational use" of a drug—consumption of a drug is to be regarded as recreational use of the drug unless—

            (a)         the drug is administered against the will, or without the knowledge, of the person who consumes it; or

            (b)         the consumption occurs accidentally; or

            (c)         the person who consumes the drug does so under duress, or as a result of fraud or reasonable mistake; or

            (d)         the consumption is therapeutic;

"self-induced"—see subsections (2a) and (2b);

"subjective element" of an offence means voluntariness, intention, knowledge or some other mental state that is an element of the offence;

"supervision order"—see section 269O;

"therapeutic"—the consumption of a drug is to be regarded as therapeutic if—

            (a)         the drug is prescribed by, and consumed in accordance with the directions of, a medical practitioner; or

            (b)         the drug

                  (i)         is a drug of a kind available, without prescription, from registered pharmacists; and

                  (ii)         is consumed for a purpose recommended by the manufacturer and in accordance with the manufacturer's instructions;

"training centre" means a training centre established for the detention of youths;

"victim", in relation to an offence or conduct that would, but for the perpetrator's mental impairment, have constituted an offence, means a person who suffered significant mental or physical injury as a direct consequence of the offence or the conduct;

"youth" has the same meaning as in the Young Offenders Act 1993 .

        (2)         For the purposes of this Part—

            (a)         the question whether a person was mentally competent to commit an offence is a question of fact;

            (b)         the question whether a person is mentally unfit to stand trial on a charge of an offence is a question of fact.

        (2a)         Intoxication resulting from the recreational use of a drug is to be regarded as self-induced.

        (2b)         If a person becomes intoxicated as a result of the combined effect of the therapeutic consumption of a drug and the recreational use of the same or another drug, the intoxication is to be regarded as self-induced even though in part attributable to therapeutic consumption.

        (3)         In applying a provision of this Part to a youth who is being or has been dealt with as a youth (and not as an adult)—

            (a)         a reference to custody in a prison is to be read as detention in a training centre; and

            (b)         a reference to the "Parole Board" is to be read as a reference to the "Training Centre Review Board".


1         A condition that results from the reaction of a healthy mind to extraordinary external stimuli is not a mental illness, although such a condition may be evidence of mental illness if it involves some abnormality and is prone to recur (see R v Falconer (1990) 171 CLR 30).

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