South Australian Current Acts

SUMMARY OFFENCES ACT 1953 - SECT 21A

21A—Interpretation

        (1)         In this Part—

"body armour" means a protective jacket, vest or other article of apparel designed to resist the penetration of a projectile discharged from a firearm;

"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, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;

"dangerous article" means an article or thing declared by regulation to be a dangerous article for the purposes of this Part;

"direct sales transaction", in respect of a knife, means a transaction for the sale of a knife in which—

            (a)         the knife is ordered by the purchaser by mail, telephone, facsimile transmission or internet or other electronic communication; and

            (b)         the knife is—

                  (i)         delivered to the purchaser, or a person nominated by the purchaser, at the residence or place of business of the purchaser or to some other place nominated by the purchaser; or

                  (ii)         picked up by or on behalf of the purchaser from premises occupied or specified by the seller of the knife;

"District Court" means the Administrative and Disciplinary Division of the District Court;

"education facility" means—

            (a)         an early childhood education facility or childcare centre;

            (b)         a preschool or kindergarten;

            (c)         a primary or secondary school;

            (d)         a place at which an approved learning program (within the meaning of the Education and Children's Services Act 2019 ) is undertaken;

            (e)         a university, TAFE SA campus or other tertiary education facility;

"implement of housebreaking" includes a picklock key, crowbar, jack, bit or other implement of housebreaking;

"knife" includes a blade (for example a knife blade or razor blade);

"licensed premises" means premises licensed under the Liquor Licensing Act 1997 ;

"night" means the interval between 9 pm on one day and 6 am on the next day;

"offence of violence" means an offence where the offender—

            (a)         uses a weapon, or threatens to use a weapon, against another; or

            (b)         inflicts serious harm on another, or threatens to inflict serious harm on another,

for the purpose of committing the offence, or escaping from the scene of the offence;

"offensive weapon" includes a rifle, gun, pistol, knife, club, bludgeon, truncheon or other offensive or lethal weapon or instrument but does not include a prohibited weapon;

"prohibited weapon" means an article or thing declared by regulation to be a prohibited weapon for the purposes of this Part;

"suitable for combat", in relation to a knife, means suitable for use as a weapon for inflicting injury on a person or causing a person to fear injury;

"violent behaviour" means an unlawful act inflicting injury on a person or causing a person to fear injury.

        (2)         For the purposes of this Part, a person will be taken to be "carrying" a weapon or article if he or she has the weapon or article on or about his or her person or if it is under his or her immediate control.