South Australian Numbered Acts South Australian Numbered Acts28—Amendment of section 4—Interpretation
(1) Section 4(1)—after the definition of "Chief Executive" insert:
"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;
(2) Section 4(1)—after the definition of "Department" insert:
"designated member" means the member of the Training Centre Review Board designated by the Attorney-General in accordance with subsection (3) and includes any member designated by the Attorney-General in accordance with that subsection to act in the absence of that designated member;
(3) Section 4(1)—after the definition of "spouse" insert:
"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(d) an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth, except an offence against paragraph 9(1)(b) or (c) of that Act (Publishing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 subsection (4);
(4) Section 4—after subsection (2) insert:
(3) The Attorney-General may, from time to time, by written instrument—
(a) designate a member of the Training Centre Review Board who is a member of the Court's judiciary as the designated member for the purposes of sections 41BA and 43; and
(b) designate another member of the Training Centre Review Board who is a member of the Court's judiciary to act for the purposes of those sections in the absence of the designated member,
and in any proceedings, a certificate purporting to be executed by the Attorney-General certifying as to a matter relating to a designation under this subsection may be admitted in evidence and is proof, in the absence of proof to the contrary, of the matter so certified.
(4) A youth is a "terror suspect" for the purposes of this Act if the youth—
(a) is, or has previously been, charged with a terrorist offence; or
(b) has ever been convicted of a terrorist offence; or
(c) is the subject of a terrorism notification; or
(d) is, or has previously been, the subject of a control order under Part 5.3 of the Commonwealth Criminal Code.
(5) For the purposes of subsection (4)(a)
, a youth is only taken to have been charged with an offence if an information or other initiating process charging the youth with the offence has been filed in a court.