Terms used
3 Terms used
In this Act, unless the contrary intention appears —
Aboriginal community has the meaning given to that term in section 3 of the Aboriginal Communities Act 1979;
attendance conditions means conditions referred to in section 73(1)(a);
body sample means a sample of a person’s blood, breath, or urine;
category 1 offender means —
an offender who —
has been charged with, or convicted of, a terrorism offence; or
is subject to an interim control order or a confirmed control order;
or
an offender who has been subject to an interim control order or a confirmed control order at any time during —
the period of the offender’s sentence (the current sentence); or
the period of 4 years ending on the day on which the offender’s current sentence begins or is taken to have begun;
or
an offender for whom an interim control order in respect of the offender is being sought under the Commonwealth Criminal Code section 104.3;
category 2 offender means an offender who has been charged with, or convicted of, an offence against the Commonwealth Criminal Code section 80.2C(1);
chairperson means the person appointed under section 152(1)(a);
chief executive officer means the chief executive officer of the Department;
Commissioner of Police report means a written report referred to in section 150D(1) or (4);
Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 (Commonwealth);
community work conditions means conditions referred to in section 73(1)(b);
conditional release order has the meaning given by section 101;
confirmed control order has the meaning given in the Commonwealth Criminal Code section 100.1(1);
court means the Children’s Court or other court dealing with a young person for an offence;
custodial officer means —
a superintendent, or other officer with custodial functions, appointed under section 11(1); or
a person who is appointed under section 11(1a)(a) as a custodial officer;
Department means the department of the Public Service principally assisting the Minister in the administration of this Act;
detainee means a person who is detained in a detention centre;
detention, when referring to a sentence of detention, means detention in a detention centre;
detention centre means a place declared to be a detention centre under section 13;
earliest release day, in relation to a sentence of detention, means the earliest day on which the offender can, in accordance with section 121, be released under a supervised release order from custody under the sentence;
exempt responsible adult, in relation to a young person, means a responsible adult whose responsibility for the young person arises from being —
a person having the custody, care or control of the young person for a period that the court considers to be limited or temporary; or
the CEO as defined in section 3 of the Children and Community Services Act 2004 who, under that Act, has parental responsibility for the young person; or
an officer as defined in section 3 of the Children and Community Services Act 2004; or
in any other capacity prescribed for the purposes of this paragraph by the regulations;
general principles of juvenile justice means the principles described in section 7;
imprisonment means imprisonment in a prison under the Prisons Act 1981;
independent young person means a young person who —
has reached the age of 17 years; and
has sufficient maturity to live independently without the guidance or control of a responsible adult, and is doing so;
intensive youth supervision order means an order made under section 98;
interim control order has the meaning given in the Commonwealth Criminal Code section 100.1(1);
lock‑up means a lock‑up as defined in the Court Security and Custodial Services Act 1999;
notice to attend court means a notice to attend court issued to a young person in accordance with section 43;
offender with links to terrorism means —
a category 1 offender; or
a category 2 offender who is subject to a Commissioner of Police report; or
an offender who —
is subject to a Commissioner of Police report; and
the Supervised Release Review Board as constituted by the chairperson alone is satisfied, having regard to the report, has made statements or carried out activities that support, or advocate support for, terrorist acts;
registrar of the court, in relation to the Children’s Court, means the registrar of the Children’s Court at the place where the relevant matter was heard;
remove, in relation to an officer or other person appointed under section 11(1), means terminate the employment of the officer or person;
responsible adult, in relation to a young person, means a parent, guardian, or other person having responsibility for the day to day care of the young person but does not include a person who the regulations may provide is not a responsible adult;
Schedule 1 offence means —
an offence that is committed against an enactment referred to in column 1 of Schedule 1 and is —
described in column 2 of Schedule 1 opposite the reference; or
committed in the circumstances set out in column 2 of Schedule 1 opposite the reference;
or
the offence of counselling or procuring the commission of an offence mentioned in paragraph (a);
Schedule 2 offence means —
an offence that is committed against an enactment referred to in column 1 of Schedule 2 and is —
described in column 2 of Schedule 2 opposite the reference; or
committed in the circumstances set out in column 2 of Schedule 2 opposite the reference;
or
the offence of counselling or procuring the commission of an offence mentioned in paragraph (a);
special order means an order made under section 126;
superintendent means the person in charge of a detention centre;
supervised release order means an order made under section 132 for a person who is serving a sentence of detention to be released from custody subject to conditions;
supervision conditions means conditions referred to in section 73(1)(c);
terrorism offence means —
an offence against the Commonwealth Criminal Code Division 72 Subdivision A; or
an offence against the Commonwealth Criminal Code Division 80 Subdivision B; or
an offence against the Commonwealth Criminal Code Part 5.3, other than an offence against section 104.22, 104.27, 104.27A, 105.41 or 105.45; or
an offence against the Commonwealth Criminal Code Part 5.5; or
an offence against the following provisions of the Charter of the United Nations Act 1945 (Commonwealth) —
Part 4;
Part 5, to the extent that it relates to the Charter of the United Nations (Sanctions—Al‑Qaida) Regulations 2008 (Commonwealth);
or
an offence against the Crimes (Foreign Incursions and Recruitment) Act 1978 (Commonwealth) (repealed); or
an offence against the Crimes (Internationally Protected Persons) Act 1976 (Commonwealth) section 8; or
an offence under a written law or a law of the Commonwealth, another State, a Territory or another country, that substantially corresponds to an offence referred to in paragraph (a), (b), (c), (d), (e) or (g); or
an offence of attempting, inciting or conspiring to commit an offence referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h);
terrorist act has the meaning given in the Terrorism (Commonwealth Powers) Act 2002 section 3;
terrorist intelligence information means information relating to a prohibited act or suspected prohibited act, the disclosure of which could reasonably be expected to —
prejudice national security; or
endanger a person’s life or physical safety; or
threaten significant damage to infrastructure or property; or
prejudice a criminal investigation; or
reveal intelligence gathering methodologies, investigative techniques or technologies or covert practices; or
enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement;
work includes any form of work, service or activity;
young person means —
a person who has not reached the age of 18 years; or
a person to whom this Act applies because of section 4;
youth community based order means an order made under section 73.
For the purposes of the definition of terrorist intelligence information, a prohibited act is —
a terrorism offence; or
an offence against the Commonwealth Criminal Code section 80.2C(1); or
a terrorist act (whether in this State or elsewhere).
[Section 3 amended: No. 47 of 1999 s. 40; No. 34 of 2004 s. 251; No. 58 of 2004 s. 4; No. 59 of 2004 s. 141; No. 29 of 2014 s. 11; No. 14 of 2022 s. 30.]
[Section 3. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Dec 2009. See endnote 1M.]
This provision refers to the regulations (the regulations
, the regulations may provide
). Made under this Act:
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