New South Wales Consolidated Acts

SUMMARY OFFENCES ACT 1988 - SECT 3

3 Definitions

(1) In this Act--

"building" means a building or structure, or any part of a building or structure.

"church" means--

(a) a building ordinarily used for Divine worship, and

(b) any land occupied or used in connection with such a building.

"dwelling" means--

(a) a building intended for occupation as a residence and being, or capable of being, so occupied, except where it is above, or attached to, a shop or commercial premises, and

(b) such a building that is part of a retirement village or is among the buildings in which persons live as a religious or other private community, and

(c) any land occupied or used in connection with a building referred to in paragraph (a) or (b).

"hospital" means--

(a) a public hospital within the meaning of the Health Services Act 1997 controlled by a local health district or the Crown, or

(b) a statutory health corporation or affiliated health organisation within the meaning of that Act, or

(c) a private health facility within the meaning of the Private Health Facilities Act 2007 or a nursing home within the meaning of the Public Health Act 2010 ,

and any land or building occupied or used in connection with such a hospital, establishment or nursing home.

"knife" includes--

(a) a knife blade, or

(b) a razor blade, or

(c) any other blade,

but does not include anything that is of a class or description declared by the regulations to be excluded from this definition.

"premises" includes a structure, building, vehicle, vessel or place, whether built on or not, and any part thereof.

"prohibited drug" has the same meaning as it has in the Drug Misuse and Trafficking Act 1985 .

"prostitution" includes acts of prostitution between persons of different sexes or of the same sex, and includes--

(a) sexual intercourse within the meaning of Division 10 of Part 3 of the Crimes Act 1900 , and

(b) masturbation committed by one person on another,

for payment.

"public place" means--

(a) a place (whether or not covered by water), or

(b) a part of premises,

that is open to the public, or is used by the public whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include a school.

"residence" includes a building in which a person resides as part of a private community.

"road" means a road within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act).

"road related area" means a road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road related area that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act).

"school" means--

(a) a government school or a registered non-government school within the meaning of the Education Act 1990 , and

(b) a school providing education (whether secular or religious) at a pre-school or infants' school level or at a primary or secondary level, and

(c) a place used for the purposes of an establishment commonly known as a child-minding centre or for similar purposes, and

(d) the land, and any building, occupied by or in connection with the conduct of such a school or place,

and includes any part of such a school or place, but does not include any building that is occupied or used solely as a residence or solely for a purpose unconnected with the conduct of such a school or place.

"vehicle" includes--

(a) a motor vehicle (whether or not still capable of being driven), and

(b) a train or other vehicle used on a railway or monorail, and

(c) a caravan or anything else constructed to be drawn by a vehicle or animal.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) For the purposes of this Act, a person who is in a vehicle in any place shall be taken to be in that place.

(3) Section 8 of the Crimes Act 1900 does not apply in relation to the expression "public place" in this Act.

(4) Notes included in this Act do not form part of this Act.