42C

Definitions

Current

Pt 2A (Heading and ss 42C–42Y) inserted by No. 4/1997 s. 3.

S. 42C inserted by No. 4/1997 s. 3.

In this Part—

S. 42C def. of accused person substituted as accused by No. 68/2009 s. 97(Sch. item 54.19(a)).

accused has the same meaning as in the Criminal Procedure Act 2009;

S. 42C def. of appear inserted by No. 68/2009 s. 97(Sch. item 54.19(d)).

appear includes attend;

appropriate persons means persons that the court considers to be appropriate in the particular case;

audio link means facilities (including telephone) that enable audio communication between persons at different places;

audio visual link means facilities (including closed-circuit television) that enable audio and visual communication between persons at different places;

S. 42C def. of child amended by Nos 72/2004 s. 41, 48/2006 s. 42(Sch. item 13.2), 68/2009 s. 97(Sch. item 54.19(b)), 32/2024 s. 1054(2).

child means—

(a)

in the case of a person who—

(i)

has been taken into custody for an offence and is required to be brought before the Children's Court; or

(ii)

is a party to a proceeding in the Children's Court; or

(iii)

is the subject of an application made to, or order made by, the Children's Court—

a person who is a child within the meaning of the Children, Youth and Families Act 2005; and

(b)

a person in respect of whom a youth justice sentence is in force who is required to appear before the Children's Court under the terms of that order or in respect of a contravention of that order or on an application for the variation or revocation of that order; and

(c)

a person who is the subject of an appeal to the Supreme Court or the County Court made under the Youth Justice Act 2024; and

(d)

in any other case—a person who is under the age of 18 years;

S. 42C def. of court point amended by No. 11/2021 s. 4(b).

court point means the courtroom or any other place or places where the court is sitting;

S. 42C def. of exceptional circum-stances inserted by No. 11/2021 s. 4(a), amended by No. 53/2021 s. 27.

exceptional circumstances includes, but is not limited to—

(a)

a state of emergency declared under section 198 of the Public Health and Wellbeing Act 2008 in an area where an accused is required to appear before a court or required to transit through in order to appear before a court; or

(ab)

a pandemic declaration made under section 165AB of the Public Health and Wellbeing Act 2008 in an area where an accused is required to appear before a court or required to transit through in order to appear before a court; or

(b)

a state of disaster declared under section 23 of the Emergency Management Act 1986 in an area where an accused is required to appear before a court or required to transit through in order to appear before a court;

S. 42C def. of head of jurisdiction inserted by No. 11/2021 s. 4(a).

head of jurisdiction—

(a)

in relation to the Supreme Court, means the Chief Justice; and

(b)

in relation to the County Court, means the Chief Judge; and

(c)

in relation to the Magistrates' Court, means the Chief Magistrate; and

(d)

in relation to the Children's Court, means the President;

S. 42C def. of practice directions amended by No. 11/2021 s. 4(c).

practice directions means practice directions, statements or notes issued under section 42UA;

S. 42C def. of remote point amended by No. 68/2009 s. 97(Sch. item 54.19(c)), substituted by No. 11/2021 s. 4(d).

remote point means a place where—

(a)

a person appearing before the court, giving evidence or making a submission is located; or

(b)

if Division 3 applies, the accused is located;

S. 42C def. of victim amended by No. 32/2024 s. 1054(3).

victim, in relation to an offence, means a person who, or body that, has suffered injury, loss or damage as a direct result of the offence;

S. 42C def. of youth justice sentence inserted by No. 32/2024 s. 1054(1).

youth justice sentence includes—

(a)

the recording of a conviction; and

(b)

an order made under Part 5.3 of the Children, Youth and Families Act 2005 as in force before its repeal by the Youth Justice Act 2024, other than—

(i)

an order incidental to or preparatory to the making of the order; or

(ii)

an order granting bail made under section 420 of the Children, Youth and Families Act 2005 as in force before its repeal by the Youth Justice Act 2024; and

(c)

an order made under Chapter 7 of the Youth Justice Act 2024 other than—

(i)

an order incidental to or preparatory to the making of the order; or

(ii)

an order granting bail made under section 313 of the Youth Justice Act 2024; and

(d)

an order made under section 11 of the Sex Offenders Registration Act 2004; and

(e)

an order made under section 84S or 84T of the Road Safety Act 1986.

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