Sentencing Act 1995

Aboriginal experience report, for Part 6, Division 3A, see section 107B.

aggravated property offence, see section 78AA.

approved member, for Part 6, Division 3A, see section 107A.

approved monitoring device, see section 165 of the Correctional Services Act 2014.

approved project means a rehabilitation program or work, or both, approved by the Commissioner under the Correctional Services Act 2014.

CEO (Youth Justice) means the Chief Executive Officer (as defined in section 19 of the Public Sector Employment and Management Act 1993) of the Agency responsible for youth justice.

coercive control, see section 5B of the Domestic and Family Violence Act 2007.

Commissioner means the Commissioner of Correctional Services.

community correction order means a community correction order made under Part 3, Division 4.

community court sentencing procedure, for Part 6, Division 3A, see section 107A.

community youth justice officer, see section 5(1) of the Youth Justice Act 2005.

Court of Criminal Appeal means the Supreme Court constituted in accordance with section 407 of the Criminal Code.

custodial correctional facility, see section 11(1)(a) of the Correctional Services Act 2014.

domestic relationship, see section 9 of the Domestic and Family Violence Act 2007.

domestic violence, see section 5 of the Domestic and Family Violence Act 2007.

domestic violence order means an order made in the nature of a domestic violence order under the Domestic and Family Violence Act 2007.

driver's licence means a licence to drive a motor vehicle granted under the Motor Vehicles Act 1949.

family relationship, see section 10 of the Domestic and Family Violence Act 2007.

fine means the sum of money payable by an offender under an order of a court made on the offender being convicted or found guilty of an offence and includes costs but does not include money payable by way of restitution or compensation.

home detention condition means a condition in an intensive community correction order that an offender must:

(a) reside or remain in premises or a place specified in the order for:

(i) a period of at least 12 hours per day for each day the condition is in force; or

(ii) a period of time per day determined by the Commissioner for each day the condition is in force; and

(b) not leave the premises or place specified in the order for the period mentioned in paragraph (a) except at the times and for the periods as specified in the order or as otherwise permitted by the Commissioner or a probation and parole officer; and

hospital, see section 5 of the Medical Services Act 1982.

identification information, for Part 5, Division 1AA, see section 228A of the Criminal Code.

impose a minimum sentence, for Part 3, Division 6A, see section 78CA.

impose a term of actual imprisonment, for Part 3, Division 6A, see section 78CB.

indefinite sentence means a sentence of imprisonment for an indefinite term that:

(a) is to be reviewed under Part 3, Division 5, Subdivision 4; and

(b) is to continue until a court orders that the indefinite term of imprisonment is discharged.

instalment order means an order made under Part 3, Division 3 that a fine be paid by 2 or more instalments and includes such an order as varied under that Division.

intensive community correction order means an intensive community correction order made under Part 3, Division 5, Subdivision 2.

Law and Justice Group, for Part 6, Division 3A, see section 107C(2).

motor vehicle, see section 5(1) of the Motor Vehicles Act 1949.

nominal sentence means a sentence specified in an order under section 65(5).

non-association order, see section 97A(2)(a).

non-parole period, in relation to a sentence of imprisonment, means a period, fixed by or under Part 3, Division 5, Subdivision 3, during which an offender is not eligible to be released on parole.

operational period, in relation to a sentence of imprisonment suspended under section 40, means the period specified under section 40(6).

offender means a person found guilty of an offence.

offensive weapon, for Part 3, Division 6A, see section 78C.

physical harm, for Part 3, Division 6A, see section 78C.

place restriction order, see section 97A(2)(b).

prescribed program, for a community correction order or an intensive community correction order, means a course, training, education or similar activity prescribed by regulation for the order.

pre-sentence report, for Part 3, Division 4 and Part 3, Division 5, Subdivision 2, means a report by the Commissioner under section 103 or 105.

probation and parole officer, see section 4 of the Correctional Services Act 2014.

proper officer, in relation to a court, means the officer of the court prescribed by the rules of the court or by regulation for the provision in which the term is used.

prosecutor includes the Director of Public Prosecutions.

registrar means, as the case requires, a Registrar of the Supreme Court or a registrar of the Local Court.

rehabilitation program in relation to domestic and family violence means a program declared under section 85A(1) of the Domestic and Family Violence Act 2007.

sexual offence means an offence specified in Schedule 3.

undertaking means a written undertaking in the prescribed form given by an offender to a court to conform to an order and to conditions of an order of the court.

victim, for Part 5, Division 1AA, see section 228A of the Criminal Code.

violent offence means the following:

Note for subsection (1)

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

(2) In this Act, a reference to a right of appeal includes a right to apply to obtain leave to appeal.