Terms used
46A Terms used
In this Part, unless the contrary intention appears —
acquitted accused has the meaning given in section 46B(1);
AOJ offence means —
an administration of justice offence listed in subsection (2); or
an offence under the law of a place outside this State that is substantially similar to an administration of justice offence listed in subsection (2);
authorised officer means —
the Attorney General; or
the Solicitor‑General; or
the State Solicitor; or
the DPP; or
the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1983 (Commonwealth);
charge A, in relation to an acquitted accused, has the meaning given in section 46B(1);
leave application means an application for leave made under section 46E;
new charge, in relation to an acquitted accused, has the meaning given in section 46E(1);
offence A, in relation to an acquitted accused, has the meaning given in section 46B(1);
serious offence means an indictable offence the statutory penalty for which is —
life imprisonment; or
imprisonment for 14 years or more;
trial A, in relation to an acquitted accused, has the meaning given in section 46B(1).
For the purposes of this Part, an offence under a section of The Criminal Code listed in the Table is an administration of justice offence.
Table
Section | Description of offence |
|---|---|
s. 82 | Bribery of public officer |
s. 121 | Judicial corruption |
s. 122 | Official corruption not judicial but relating to offences |
s. 123 | Corrupting or threatening jurors |
s. 124 | Perjury |
s. 129 | Fabricating evidence |
s. 130 | Corruption of witnesses |
s. 131 | Deceiving witnesses |
s. 132 | Destroying evidence |
s. 133 | Preventing witnesses from attending |
s. 135 | Conspiring to defeat justice |
s. 136 | Compounding or concealing offences |
s. 143 | Attempting to pervert course of justice |
In this Part, unless the contrary intention appears, a reference to a conviction of, or to being convicted of, an offence includes (respectively) a reference to a finding of having committed, or to being found to have committed, the offence under the Criminal Law (Mental Impairment) Act 2023 section 41(2)(c).
[Section 46A inserted: No. 9 of 2012 s. 4; amended: No. 10 of 2023 s. 312.]
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