Interpretation

In force

(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;

(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;

(d)

incest;

(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)

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4 Interpretation