South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"Aboriginal or Torres Strait Islander person" means a person who—
(a) is
descended from an Aboriginal or Torres Strait Islander; and
(b)
regards themself as an Aboriginal or Torres Strait Islander; and
(c) is
accepted as an Aboriginal or Torres Strait Islander by an Aboriginal or Torres
Strait Islander community;
"alcotest" means a test by means of an apparatus of a kind approved for the
conduct of alcotests under the Road Traffic Act 1961 ;
"analyst" has the same meaning as in the Controlled Substances Act 1984
;
"biological sample" means a sample of urine, saliva or sweat;
"the Board" means the Parole Board of South Australia;
"CE" means the person holding or acting in the position of chief executive of
the Department;
"child sexual offence" means an offence under the Criminal Law Consolidation
Act 1935 of the following kind committed against or in relation to a
child under 16 years of age (including a substantially similar offence
against a corresponding previous enactment or the law of another place):
(a)
rape;
(ab)
compelled sexual manipulation;
(b)
indecent assault;
(ba)
persistent sexual abuse of a child;
(c)
incest;
(d) an
offence involving unlawful sexual intercourse;
(e) an
offence involving an act of gross indecency;
(f) an
offence involving child prostitution;
(g) an
offence involving indecency or sexual misbehaviour including an offence
against Part 3 Division 11A of the Criminal Law Consolidation Act 1935
or against section 23 or 33 of the Summary Offences Act 1953 ;
(h) an
attempt to commit, or assault with intent to commit, any of the offences
referred to in the above paragraphs;
(i)
any other offence (such as homicide or abduction), if
there are reasonable grounds to believe that any of the offences referred to
in the above paragraphs was also committed by the same person against or in
relation to the child in the course of, or as part of the events surrounding,
the commission of the offence;
"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 Department
whose duties include the supervision of offenders in the community;
"contempt prisoner" means a person committed to prison, or sentenced to
imprisonment, for failure to comply with an order for the payment of a
pecuniary sum, or for contempt of court;
"correctional institution" means a prison or police prison;
"correctional services dog" means a dog that has completed training of a kind
approved by the CE for the purposes of this Act;
"criminal intelligence" means information relating to actual or suspected
criminal activity (whether in this State or elsewhere) the disclosure of which
could reasonably be expected to prejudice criminal investigations, enable the
discovery of the existence or identity of a confidential source of information
relevant to law enforcement or endanger a person's life or physical safety;
"criminal organisation" means a criminal organisation within the meaning of
Division 1 or Division 2 of Part 3B of the
Criminal Law Consolidation Act 1935 ;
"Department" means the administrative unit of the Public Service that is
responsible for assisting a Minister in the administration of this Act;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"drug" means—
(a)
alcohol; or
(b) a
substance that is a prescription drug or a controlled drug under the
Controlled Substances Act 1984 ;
"drug test" means an alcotest or a prescribed procedure; and
"drug testing" has a corresponding meaning;
"electronic device" means an electronic device of a class or kind approved by
the Minister for the purposes of this Act;
"home detention" means home detention served subject to a home detention order
or home detention served by a prisoner under Part 4 Division 6A (as the case
requires);
"home detention order" means an order made by a court under the
Sentencing Act 2017 that a prisoner serve a sentence of imprisonment
imposed on the prisoner by the court on home detention;
"immediate family" means—
(a) a
spouse or domestic partner;
(b) a
parent;
(c) a
grandparent;
(d) a
child (including an adult child);
(e) a
grandchild (including an adult grandchild);
(f) a
brother or sister;
"injury" means physical or mental injury, and includes pregnancy, mental shock
and nervous shock;
"magistrate" means a magistrate appointed under the Magistrates Act 1983
;
"manager", in relation to a correctional institution, means the person for the
time being in charge of the institution;
"member", of a criminal organisation, includes an associate member or a
prospective member, however described;
"nearest police station", in relation to a person who has been arrested
without warrant under this Act, means the police station nearest to the place
of arrest at which facilities are continuously available for the care and
custody of the person arrested;
"non-parole period" means a period fixed by a court as a period during which a
prisoner may not be released on parole;
"parent" includes a person who stands in the position, and undertakes the
responsibilities, of a parent;
"police prison" means premises declared to be a police prison under Part 3;
"prescribed procedure" means a procedure, prescribed by regulation, consisting
of the taking of a biological sample from a person for analysis for the
purpose of ascertaining the presence of a drug in the body of the person from
whom the sample was taken;
"prison" means premises declared to be a prison under Part 3;
"prisoner" means a person committed to a correctional institution pursuant to
an order of a court or a warrant of commitment;
"probation and parole hostel" means premises declared by the Minister under
section 17E to be a probation and parole hostel;
"registered victim" includes a member of a victim's immediate family whose
name is entered in the Victims Register;
"remand prisoner" means a person remanded in custody awaiting trial or
sentence;
"sentence of indeterminate duration" means detention in custody until further
order of a court;
"sexual offence" means an offence under the Criminal Law Consolidation
Act 1935 of the following kind (including a substantially similar offence
against a corresponding previous enactment or the law of another place):
(a)
rape;
(ab)
compelled sexual manipulation;
(b)
indecent assault;
(ba)
persistent sexual abuse of a child;
(c)
incest;
(d) an
offence involving unlawful sexual intercourse;
(e) an
offence involving an act of gross indecency;
(f) an
offence against Part 3 Division 12 of the Criminal Law Consolidation
Act 1935 ;
(g) an
attempt to commit, or assault with intent to commit, any of the offences
referred to in the above paragraphs;
(h) any
other offence (such as homicide or abduction), if there are reasonable grounds
to believe that a sexual offence was also committed by the same person in the
course of, or as part of the events surrounding, the commission of that
offence,
and includes any other offence that is a child sexual offence;
"spouse"—a person is the spouse of another if they are legally married;
"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 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 subsection (4);
"victim" of an offence means a person who suffers injury as a result of the
offence;
"Victims Register"—see section 5;
"VIC levy" means a levy imposed under the Victims of Crime Act 2001 or a
corresponding previous law;
"Visiting Tribunal", in relation to a correctional institution, means a
Visiting Tribunal established under this Act in respect of that institution.
(2) A reference in
this Act to an "officer of the Department" includes a reference to—
(a) a
person who, immediately before the commencement of this subsection, held an
appointment made by the Governor as an officer of the Department; or
(b) a
person who, after the commencement of this subsection, is designated by the
Minister as an officer of the Department under section 4A.
(3) For the purposes
of this Act, unless the contrary intention appears—
(a) a
reference to "imprisonment" (other than in a penalty provision) includes a
reference to imprisonment served on home detention subject to a
home detention order; and
(b) a
reference to a "prisoner" includes a reference to a person serving a sentence
of imprisonment on home detention subject to a home detention order; and
(c) a
reference to the release of a prisoner from a correctional institution or
prison includes a reference to the release of a prisoner subject to a
home detention order from home detention.
(4) A person is a
"terror suspect" for the purposes of this Act if the person—
(a) is,
or has previously been, charged with a terrorist offence; or
(b) has
ever been convicted of a terrorist offence; or
(c) is
the subject of a terrorism notification; or
(d) is,
or has previously been, the subject of a control order under Part 5.3 of
the Commonwealth Criminal Code.
(5) For the purposes
of subsection (4)(a), a person is only taken to have been charged with an
offence if an information or other initiating process charging the person with
the offence has been filed in a court.