South Australian Current Acts South Australian Current Acts (1) In this Act,
unless inconsistent with the context—
"answer charge hearing"—see section 109;
"case statement" means a defence case statement or a
prosecution case statement;
"the Chief Magistrate" means the person for the time being holding, or acting
in, the office of the Chief Magistrate under the Magistrates Act 1983 ;
"cognitive impairment" includes—
(a) a
developmental disability (including, for example, an intellectual disability,
Down syndrome, cerebral palsy or an autistic spectrum disorder);
(b) an
acquired disability as a result of illness or injury (including, for example,
dementia, a traumatic brain injury or a neurological disorder);
(c) a
mental illness;
"defence case statement"—see section 123;
"defendant" means person charged with any offence or against whom relief is
sought or granted;
"foreign restraining order" means an order made under a law of another State
or a Territory of the Commonwealth or New Zealand declared by regulation to be
a law corresponding to Division 7 of Part 4;
"investigating officer" means—
(a) an
officer of the police force; or
(b) a
person authorised under an Act to investigate offences;
"major indictable offence" means any indictable offence except a
minor indictable offence;
"minor indictable offence"—see section 5;
"offence of violence" means an offence where the offender—
(a) uses
a weapon, or threatens to use a weapon, against another; or
(b)
inflicts serious harm on another, or threatens to inflict serious harm on
another,
for the purpose of committing the offence, or escaping from the scene of the
offence;
"personal service"—see subsection (3)(a);
"the Principal Registrar" means the Principal Registrar of the Magistrates
Court;
"prosecution case statement"—see section 123;
"Registrar" means the Principal Registrar or any other Registrar of the
Magistrates Court;
"restraining order" means an order made under Division 7 of Part 4;
"rules" means the rules of the Magistrates Court;
"sensitive material"—see section 67H of the Evidence Act 1929
;
"sensitive material notice"—see section 67I of the
Evidence Act 1929 ;
"sentencing law" means the Criminal Law (Sentencing) Act 1988 or an Act
enacted in substitution for that Act;
"sexual offence" means an offence under the Criminal Law Consolidation
Act 1935 of the following kind:
(a)
rape; or
(ab)
compelled sexual manipulation; or
(b)
indecent assault; or
(ba)
persistent sexual exploitation of a child or persistent sexual abuse of a
child; or
(c) any
offence involving unlawful sexual intercourse or an act of gross indecency; or
(ca) an
offence of sexual exploitation of a person with a cognitive impairment under
section 51 of the Criminal Law Consolidation Act 1935 ; or
(d)
incest; or
(e) any
attempt to commit or assault with intent to commit, any of the foregoing
offences;
"Special Act" means statute, rule, regulation, or by-law authorising the
making of the conviction or order, or the determination or adjudication in
question, or otherwise specially applicable to the case;
"summary offence"—see section 5;
"telephone" includes any telecommunication device.
(2) A reference in the
provisions of this Act other than Part 7 to a solicitor shall be deemed to
include a reference to a law clerk articled to the solicitor and appearing on
the solicitor's instructions.
(3) Subject to the
rules, for the purposes of this Act, unless the contrary intention
appears—
(a) a
reference to a summons, notice or other document, or documentary material,
being served personally includes service by means described in
section 27(1)(a) and (b); and
(b) a
reference to a summons, notice or other document, or documentary material,
being served by post includes service by means described in
section 27(1)(c), (d) and (e).