South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"approved treatment program" means a treatment program of a prescribed kind
that has been approved by the Minister for the purposes of this definition;
"approved treatment program manager" means a person who has general oversight
of approved treatment programs and coordinates the implementation of relevant
court orders and relevant determinations of the Chief Recovery Officer (and
includes a delegate of such a person);
"authorised officer" means—
(a) the
Sheriff; or
(b) the
Chief Recovery Officer; or
(c) a
Registrar of the Magistrates Court; or
(d) the
Registrar of the Youth Court; or
(e) a
person appointed under section 67 as an authorised officer;
"bond" means an agreement (not being a bail agreement) entered into pursuant
to the sentence of a court under which the defendant undertakes to the Crown
to comply with the conditions of the agreement;
"case manager" means a person responsible for supervision of a person's
participation in an approved treatment program;
"council" means a council constituted under the Local Government
Act 1999 ;
"court" means a court of criminal jurisdiction;
"Court" means—
(a) in
relation to a debtor who is a youth or an expiation notice issued to a person
who was under the age of 18 years at the time of the alleged offence—the
Youth Court;
(b) in
relation to any other debtor or expiation notice—the Magistrates Court;
"debtor" means (other than in Part 8) the person by whom a pecuniary sum
is payable;
"driver's licence" means a licence under the Motor Vehicles Act 1959 ;
"expiation notice" means an expiation notice under the
Expiation of Offences Act 1996 ;
"expiation period" means the period specified in an expiation notice for
payment of the expiation fee (in the absence of an arrangement under
section 20);
"issuing authority", in relation to an expiation notice, means—
(a) if
the notice is given by a police officer—the Commissioner of Police; or
(b) in
any other case—the Minister, statutory authority or council on whose
behalf the notice is given;
"land" means, according to the context—
(a) land
as a physical entity, including—
(i)
any building or structure on, or improvement to, land
(whether affixed to the land or not); and
(ii)
land covered by water and, in such a case, the overlying
water; and
(iii)
a lot under the Community Titles Act 1996 or a unit
under the Strata Titles Act 1988 ; or
(b) a
legal estate or interest in, or right in respect of, land;
"ordinary business hours" means the hours between 9 am and 5 pm on
any day other than a Saturday, Sunday or public holiday;
"pecuniary sum" means an amount payable pursuant to an order or direction of a
court in proceedings relating to an offence, and includes—
(a) a
fine; and
(b)
compensation; and
(c)
costs; and
(d) a
sum payable pursuant to a bond or to a guarantee ancillary to a bond; and
(e) a
VIC levy imposed on a person on conviction of an offence;
"personal details", in relation to a person, means—
(a) the
person's full name; and
(b) any
former name of the person (including, if relevant, the person's maiden name);
and
(c) any
alias of the person; and
(d) the
person's date of birth; and
(e) the
address of where the person is living; and
(f) the
address of where the person usually lives; and
(g) any
former residential address of the person in the previous 5 years; and
(h) the
person's business address; and
(i)
the name and address of the person's employer;
"protected person" has the same meaning as in the
Intervention Orders (Prevention of Abuse) Act 2009 ;
"public sector agency" has the same meaning as in the Public Sector
Act 2009 ;
"VIC levy" means a levy imposed under the Victims of Crime Act 2001 or a
corresponding previous law.
(2) For the purposes
of this Act—
(a)
"enforcement action" includes a penalty enforcement order made under the
Criminal Law (Sentencing) Act 1988 as in force before the commencement of
section 11 of the Statutes Amendment (Fines Enforcement and Recovery)
Act 2013 ; and
(b) a
debtor is "subject to a suppression order" if a suppression order forbidding
publication of the debtor's name was made in the proceedings in which the
pecuniary sum was imposed on the debtor and the order has not subsequently
been revoked.
(3) Unless the
contrary intention appears—
(a) a
reference in this Act to a pecuniary sum includes a reference to—
(i)
the amount outstanding of such a sum or, if a number of
pecuniary sums have been aggregated, the amount outstanding of the aggregated
sums; and
(ii)
any fees, charges or other amounts which are, in
accordance with this Act, added to and form part of such a sum; and
(b) a
reference in this Act to an amount due under an expiation notice includes a
reference to—
(i)
the amount outstanding under the notice or, if a number
of amounts have been aggregated, the amount outstanding of the aggregated
amounts; and
(ii)
any fees, charges or other amounts which are, in
accordance with this Act, added to and form part of such amount.
(4) Subject to this
Act, a person "expiates" an offence if a person pays all of the amounts due
under the expiation notice (including any levy payable under the
Victims of Crime Act 2001 ) or such amounts are recovered from the person
in accordance with this Act or the Expiation of Offences Act 1996 .