South Australian Current Acts

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SUMMARY OFFENCES ACT 1953 - SECT 4

4—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"the Commissioner" means the Commissioner of Police or the person for the time being acting in the office of Commissioner of Police;

"declared public precinct"—see section 66N(1);

"declared public precinct period" means a period during which, in accordance with a declaration under section 66N(1), an area is a declared public precinct;

"major offence" means—

            (a)         an offence attracting a penalty or maximum penalty of life imprisonment or imprisonment for at least seven years; or

            (b)         an offence against section 86A(1) of the Criminal Law Consolidation Act 1935 ;

"minor" means a person under the age of 18 years;

"motor vehicle" has the same meaning as in the Motor Vehicles Act 1959 ;

"primary production activities"—the following are primary production activities:

            (a)         agricultural, pastoral, horticultural, viticultural, forestry or apicultural activities;

            (b)         poultry farming, dairy farming or any business that consists of the cultivation of soils, the gathering of crops or the rearing or processing of livestock;

            (c)         commercial fishing, aquaculture or the propagation or harvesting of fish or other aquatic organisms for the purposes of aquaculture;

            (d)         an activity prescribed by regulation;

"prostitute" includes any male person who prostitutes his body for fee or reward;

"public place" includes—

            (a)         a place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of that place; and

            (b)         a place to which the public are admitted on payment of money, the test of admittance being the payment of money only; and

            (c)         a road, street, footway, court, alley or thoroughfare which the public are allowed to use, notwithstanding that that road, street, footway, court, alley or thoroughfare is on private property;

"public venue" means a place where members of the public are gathered for an entertainment or an event or activity of any kind, whether admission is open, procured by the payment of money or restricted to members of a club or a class of persons with some other qualification or characteristic, but does not include a church or place of public worship;

"senior police officer" means a police officer of or above the rank of inspector;

"serious and organised crime offence" has the same meaning as in the Criminal Law Consolidation Act 1935 ;

"telephone" includes any telecommunication device for the transmission of speech;

"to tattoo" means to insert into or through the skin any colouring material designed to leave a permanent mark.

        (2)         In proceedings for an offence in which the court is authorised by this Act to award damages or compensation, or to order the forfeiture of property or the doing of any act, the award or order may be made in addition to the penalty (if any) imposed by the court.



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