South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"CE" means the chief executive of the administrative unit of the Public
Service that is, under a Minister, responsible for the administration of the
Correctional Services Act 1982 ;
"Commonwealth Criminal Code" means the Criminal Code set out in the Schedule
to the Criminal Code Act 1995 of the Commonwealth, or a law of the
Commonwealth that replaces that Code;
"community corrections officer" means an officer or employee of the
administrative unit of the Public Service that is, under a Minister,
responsible for the administration of the Correctional Services Act 1982
whose duties include the supervision of offenders in the community;
"continuing detention order"—see section 18(2);
"detainee" means a person who is detained as a result of being declared liable
to supervision under Part 8A of the Criminal Law Consolidation
Act 1935 ;
"extended supervision order" means an order under this Act made by the Supreme
Court for the supervision of a high risk offender;
"government custody" means custody as a prisoner or detainee;
"high risk offender"—see section 5;
"interim supervision order"—see section 9;
"medical practitioner" means a person registered under the Health Practitioner
Regulation National Law to practise in the medical profession (other than as a
student);
"Parole Board" means the Parole Board of South Australia;
"prescribed authority" means the authority prescribed by the regulations for
the purposes of sections 7(3) and 21;
"prescribed health professional" means—
(a) a
qualifying psychologist; or
(b) a
medical practitioner,
nominated by the prescribed authority;
"prisoner" has the same meaning as in the Correctional Services Act 1982
;
"psychologist" means a person registered under the Health Practitioner
Regulation National Law to practise in the psychology profession (other than
as a student);
"qualifying psychologist" means a psychologist who—
(a) has
at least 5 years experience as a psychologist; and
(b)
either—
(i)
has an endorsement from the Psychology Board of Australia
as a forensic psychologist; or
(ii)
has, in the opinion of the prescribed authority,
sufficient experience in the forensic mental health field to properly carry
out functions as a prescribed health professional;
"relevant expiry date" means—
(a) in
relation to a high risk offender who is serving a sentence of imprisonment
(whether the offender is in prison or on release on home detention or
parole)—
(i)
if the offender is not serving a sentence of life
imprisonment—the date on which the term, or terms, of imprisonment to
which the offender was sentenced expire; and
(ii)
if the offender is serving a sentence of life
imprisonment—the date on which the sentence of imprisonment will be
taken to have been wholly satisfied; and
(b) in
relation to a high risk offender who is subject to an existing
extended supervision order—the date on which the extended supervision
order expires;
"respondent"—see section 7(1);
"serious offence of violence" has the same meaning as in section 83D(1)
of the Criminal Law Consolidation Act 1935 ;
"serious sexual offence" means any of the following offences where the maximum
penalty prescribed for the offence is, or includes, imprisonment for at least
5 years:
(i)
an offence under section 48, 48A, 49, 50, 51, 56,
58, 59, 60, 63, 63B, 66, 67, 68 or 72 of the
Criminal Law Consolidation Act 1935 ;
(ii)
an offence against a corresponding previous enactment
substantially similar to an offence referred to in subparagraph (i);
(iii)
an attempt to commit or an assault with intent to commit
any of the offences referred to in either of the preceding subparagraphs;
(b) an
offence against the law of another State or a Territory corresponding to an
offence referred to in paragraph (a);
"serious sexual offender" means a person convicted (whether before or after
the commencement of this Act) of a serious sexual offence;
"serious violent offender" means a person convicted (whether before or after
the commencement of this Act) of a serious offence of violence;
"supervision order" means an extended supervision order or an
interim supervision order;
"terrorism intelligence authority" means a terrorism intelligence authority
designated by regulations under section 74B of the Police Act 1998 ;
"terrorism notification" means a terrorism notification under section 74B
of the Police Act 1998 ;
"terrorist act" has the same meaning as in Part 5.3 of the
Commonwealth Criminal Code;
"terrorist offence" means—
(a) an
offence against Division 72 Subdivision A of the Commonwealth Criminal Code
(International terrorist activities using explosive or lethal devices); or
(b) a
terrorism offence against Part 5.3 of the Commonwealth Criminal Code
(Terrorism) where the maximum penalty is 7 or more years imprisonment; or
(c) an
offence against Part 5.5 of the Commonwealth Criminal Code (Foreign incursions
and recruitment), except an offence against subsection 119.7(2) or (3)
(Publishing recruitment advertisements); or
(d) an
offence against the repealed Crimes (Foreign Incursions and Recruitment) Act
1978 of the Commonwealth, except an offence against paragraph 9(1)(b)
or (c) of that Act (Publishing recruitment advertisements); or
(e) an
offence of a kind prescribed by the regulations for the purposes of this
definition;
"terror suspect"—see section 5A;
"youth" has the same meaning as in the Young Offenders Act 1993 .
(2) A reference to the
Attorney-General in a provision of this Act relating to any application or
proceedings will be read as a reference to—
(a) in
the case of an application or proceedings involving a terror suspect—the
Commonwealth Attorney-General or the State Attorney-General; or
(b) in
any other case—the State Attorney-General.