South Australian Numbered Acts

COMMUNITY BASED SENTENCES (INTERSTATE TRANSFER) ACT 2015 (NO 45 OF 2015) - SECT 3

3—Interpretation

In this Act, unless the contrary intention appears—

"community based sentence" means—

            (a)         a sentence of community service imposed under the Criminal Law (Sentencing) Act 1988

; or

            (b)         a sentence of imprisonment suspended on condition that the defendant enter into a bond under section 38 of the Criminal Law (Sentencing) Act 1988

; or

            (c)         a bond to be of good behaviour imposed under section 39 of the Criminal Law (Sentencing) Act 1988

; or

            (d)         in relation to an interstate jurisdiction—a sentence that is a community based sentence under the corresponding law of the jurisdiction; or

            (e)         a sentence of a kind prescribed by the regulations to be a community based sentence;

"corresponding law" means a law of an interstate jurisdiction—

            (a)         corresponding, or substantially corresponding, to this Act; or

            (b)         prescribed by the regulations to be a corresponding law, whether or not the law corresponds, or substantially corresponds to this Act;

"Department" means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;

"interstate authority" in relation to an interstate jurisdiction, means the local authority for the jurisdiction under the corresponding law of the jurisdiction;

"interstate jurisdiction" means a participating jurisdiction other than this jurisdiction;

"interstate sentence", in relation to an interstate jurisdiction, means a community based sentence (within the meaning of the corresponding law of that jurisdiction) in force in an interstate jurisdiction;

"jurisdiction" means a State or Territory of the Commonwealth;

"local authority" means the local authority under section 5

;

"local register" means the local register under section 7

;

"local sentence" means a community based sentence in force in this jurisdiction;

"offender" in relation to a community based sentence, means the person on whom the sentence was imposed;

"originating jurisdiction" in relation to a community based sentence, means the jurisdiction where the sentence was originally imposed;

"participating jurisdiction" means—

            (a)         this jurisdiction; or

            (b)         a State or Territory of the Commonwealth prescribed by the regulations to be a participating jurisdiction;

"registration criteria" means the registration criteria under section 12

;

"sentence" means an order, decision or other sentence (however described) and includes part of a sentence;

"serve" in relation to a sentence, includes—

            (a)         to comply with or satisfy the sentence; or

            (b)         to do any other thing in accordance with the sentence;

"this jurisdiction" means South Australia.