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CRIMES (RESTORATIVE JUSTICE) ACT 2004 - SECT 12

Definitions—offences and offenders

    (1)     In this Act:

"adult offender", in relation to an offence, means an offender who was an adult when the offence was committed.

Note     An adult is an individual who is at least 18 years old (see Legislation Act

, dict, pt 1, def "adult").

"child offender", in relation to an offence, means an offender who was at least 10 years old but under the age of criminal responsibility for the offence when the offence was committed or allegedly committed.

"commission", of an offence that is alleged to have been committed, includes the alleged commission of the offence.

Note     Offence is defined to include an offence that is alleged to have been committed. Offender is defined in similar terms. See definitions of offence and offender in this section.

"family violence offence"—see the Family Violence Act 2016

, dictionary .

"less serious family violence offence" means—

        (a)     an offence if the conduct making up the offence is family violence under the Family Violence Act 2016

that is punishable by a term of imprisonment of—

              (i)     if the offence relates to money or other property—14 years or less; or

              (ii)     in any other case—10 years or less; and

        (b)     a contravention of a protection order under the Family Violence Act 2016

, section 43.

"less serious offence" means an offence other than a serious offence.

"less serious sexual offence" means an offence under the Crimes Act 1900

, part 3 that is punishable by a term of imprisonment of 10 years or less.

"offence"—

        (a)     means an offence against a territory law; and

        (b)     includes an offence against a territory law that is alleged to have been committed by a person, unless—

              (i)     a court has acquitted the person of the offence; or

              (ii)     a court has dismissed a proceeding against the person for the offence without finding the person guilty.

"offender"—

        (a)     means a person who has been convicted or found guilty of an offence against a territory law; and

        (b)     includes a person who is alleged to have committed an offence against a territory law, unless—

              (i)     a court has acquitted the person of the offence; or

              (ii)     a court has dismissed a proceeding against the person for the offence without finding the person guilty.

"serious family violence offence" means an offence if the conduct making up the offence is family violence under the Family Violence Act 2016

that is punishable by a term of imprisonment of—

        (a)     if the offence relates to money or other property—more than 14 years; or;

        (b)     in any other case—more than 10 years.

"serious offence" means an offence punishable by imprisonment for a term longer than—

        (a)     if the offence relates to money or other property—14 years; or

        (b)     in any other case—10 years.

"serious sexual offence" means an offence under the Crimes Act 1900

, part 3 that is punishable by a term of imprisonment of more than 10 years.

"sexual offence" means a less serious sexual offence or a serious sexual offence.

"young offender", in relation to an offence, means an offender who was under 18 years old but not under the age of criminal responsibility for the offence when the offence was committed or allegedly committed.

    (2)     In this section:

"under the age of criminal responsibility"—a person is under the age of criminal responsibility for an offence if the person is not criminally responsible under the Criminal Code

, section 25 for the offence.



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