Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsDictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• breach
• chief executive (see s 163)
• director of public prosecutions
• document
• entity
• Executive
• fail
• found guilty
• function
• judge
• lawyer
• magistrate
• may (see s 146)
• Minister (see s 162)
• must (see s 146)
• NSW correctional centre
• police officer
• public servant
• State
• under.
"activity" includes education, counselling, personal development and treatment activities and programs.
"ACT prisoner", for chapter 11 (Interstate transfer of prisoners)—see section 217.
"ACT sentence of imprisonment", for chapter 11 (Interstate transfer of prisoners)—see section 217.
additional condition means—
(a) of an offender's periodic detention—see section 40; or
(b) of an offender's good behaviour order—see section 84; or
(c) of an offender's parole order—see section 117.
"application", for parole—see section 117.
"arrest warrant", for a person, for chapter 11 (Interstate transfer of prisoners)—see section 217.
"board" means the Sentence Administration Board established under section 171.
"chair" means the chair of the board.
"combination sentence"—see the Crimes (Sentencing) Act 2005, section 29.
"committal order", for part 3.1 (Imprisonment)—see section 10.
"committing authority", for part 3.1 (Imprisonment)—see section 10.
"Commonwealth Act", for part 11.2 (International transfer of prisoners)—see section 254.
"commonwealth sentence of imprisonment", for chapter 11 (Interstate transfer of prisoners)—see section 217.
"community-based sentence", for chapter 12 (Transfer of community-based sentences)—see section 264.
"community service condition", of a good behaviour order for an offender—see the Crimes (Sentencing) Act 2005, section 86.
"community service work"—see section 316.
"conduct "means an act or an omission to do an act.
"contagious disease" means—
(a) a transmissible notifiable condition under the Public Health Act 1997; or
(b) a disease or medical condition prescribed by regulation.
"core condition" means—
(a) of an offender's periodic detention—see section 40; or
(b) of an offender's good behaviour order—see section 84; or
(c) of an offender's parole order—see section 117; or
(d) of an offender's licence—see section 289.
"correctional centre" means a correctional centre under the Corrections Management Act 2005.
"corrections officer" means a corrections officer under the Corrections Management Act 2005.
"corresponding ACT court", in relation to a court of a participating state, for chapter 11 (Interstate transfer of prisoners)—see section 217.
"corresponding community-based sentence law", for chapter 12 (Transfer of community-based sentences)—see section 267.
"corresponding Minister", of a participating state, for chapter 11 (Interstate transfer of prisoners)—see section 217.
"corresponding parole law", for part 7.6 (Interstate transfer of parole orders)—see section 162.
"default imprisonment", for chapter 11 (Interstate transfer of prisoners)—see section 217.
"deputy chair" means a deputy chair of the board.
"designated authority", for a State or another Territory, for part 7.6 (Interstate transfer of parole orders)—see section 162.
"detention period", for an offender's periodic detention—see section 41.
"drug" means—
(a) a controlled drug under the Criminal Code, section 600; or
(b) a substance prescribed by regulation for this definition.
"engage" in conduct means—
(a) do an act; or
(b) omit to do an act.
"escort officer" means—
(a) a police officer; or
(b) an escort officer under the Corrections Management Act 2005.
"finishing time", for an offender's detention period—see section 52.
"frisk search"—see the Corrections Management Act 2005, dictionary.
"full-time detainee"—see section 22 (1).
"good behaviour obligations", for chapter 6 (Good behaviour orders)—see section 84.
"good behaviour order"—see the Crimes (Sentencing) Act 2005, section 13.
"Governor", of a participating state, for chapter 11 (Interstate transfer of prisoners)—see section 217.
"hearing" means a hearing for an inquiry under part 9.2.
"indeterminate sentence", for chapter 11 (Interstate transfer of prisoners)—see section 217.
"inquiry"—see section 193.
"interested person", for an offender's good behaviour order—see section 84.
"interstate authority", for chapter 12 (Transfer of community-based sentences)—see section 268.
"interstate jurisdiction", for chapter 12 (Transfer of community-based sentences)—see section 265.
"interstate law", for chapter 11 (Interstate transfer of prisoners)—see section 217.
"interstate sentence", for chapter 12 (Transfer of community-based sentences)—see section 266 (2).
"interstate sentence of imprisonment", for chapter 11 (Interstate transfer of prisoners)—see section 217.
"joint prisoner", for chapter 11 (Interstate transfer of prisoners)—see section 217.
"judicial member", of the board, means the chair or a deputy chair.
"jurisdiction", for chapter 12 (Transfer of community-based sentences)—see section 265 (1).
"law enforcement agency"—see the Spent Convictions Act 2000, dictionary, and includes an entity prescribed by regulation for this definition.
"licence"—see section 289.
"licence release date", for an offender—see section 289.
"local authority", for chapter 12 (Transfer of community-based sentences)—see section 268.
"local register", for chapter 12 (Transfer of community-based sentences)—see section 271.
"local sentence", for chapter 12 (Transfer of community-based sentences)—see section 266 (1).
"member", of the board, includes the chair and a deputy chair.
"non-association order"—see the Crimes (Sentencing) Act 2005, section 21.
"non-judicial member", of the board, means a member other than the chair or a deputy chair.
"nonparole period"—
(a) see the Crimes (Sentencing) Act 2005, dictionary; and
(b) for a full-time detainee whose nonparole period is subject to reduction or remission under a NSW law—includes the nonparole period less the period of reduction or remission.
Note Reduction or remission under a NSW law may apply to full-time detainees serving sentences in a NSW correctional centre (see s 75 (4)).
"non-participating territory", for chapter 11 (Interstate transfer of prisoners)—see section 217.
"offender"—
(a) means a person convicted or found guilty of an offence by a court; but
(b) for chapter 4 (Full-time detention)—see section 22; and
(c) for a community-based sentence, for chapter 12 (Transfer of community-based sentences)—see section 263.
"order of transfer", for part 11.1 (Interstate transfer of prisoners)—see section 217.
"ordinary parole application"—see section 121.
"originating jurisdiction", for a community based sentence, for chapter 12 (Transfer of community-based sentences)—see section 263.
"parole eligibility date", for an offender, means the day the offender's nonparole period ends.
"parole obligations", of an offender—see section 117.
"parole order" means—
(a) for this Act—see section 117; but
(b) for part 7.6 (Interstate transfer of parole orders)—see section 162.
"parole release date"—see section 117.
"participating jurisdiction", for chapter 11 (Transfer of community-based sentences)—see section 265.
"participating state", for part 11.1 (Interstate transfer of prisoners)—see section 217.
"periodic detention", for an offender—see section 40.
"periodic detention obligations", of an offender—see section 40.
"periodic detention period", of an offender's sentence of imprisonment—see section 40.
"person involved", in community service work, for chapter 14 (Community service work—general)—see section 315 (2).
"place restriction order"—see the Crimes (Sentencing) Act 2005, section 21.
"police officer" includes a member of a police force or service of a State.
Note State includes the Northern Territory (see Legislation Act, dict, pt 1)
"positive", for a test sample—see the Corrections Management Act 2005, dictionary.
"prison", for part 11.1 (Interstate transfer of prisoners)—see section 217.
"prisoner", for part 11.1 (Interstate transfer of prisoners)—see section 217.
"prison officer", for part 11.1 (Interstate transfer of prisoners)—see section 217.
"recommitted", for an offender—see section 23.
"register", for part 7.6 (Interstate transfer of parole orders)—see section 162.
"registered victim", of an offender—see section 213.
"registration criteria", for chapter 12 (Transfer of community-based sentences)—see section 276.
"rehabilitation program condition", of a good behaviour order for an offender—see the Crimes (Sentencing) Act 2005, section 93.
"release date", for an offender for a sentence—see section 23 (1).
"release on licence obligations", of an offender—see section 289.
"release on parole", for part 11.1 (Interstate transfer of prisoners)—see section 217.
"relevant security", for part 11.1 (Interstate transfer of prisoners)—see section 217.
"remandee" means—
(a) a person remanded in custody by a remanding authority; but
(b) for chapter 4 (Full-time detention)—see section 22.
"remanding authority"—see section 15.
"remission instrument", for part 11.1 (Interstate transfer of prisoners)—see section 217.
"reporting day", for an offender's detention period—see section 51.
"reporting place", for an offender's detention period—see section 50.
"reporting time", for an offender's detention period—see section 52.
"secretary", of the board, means the secretary of the board under section 191.
"sentence" means—
(a) for the Act—
(i) when used as a noun—the penalty imposed for an offence; or
(ii) when used as a verb—to impose a penalty for an offence; but
(b) for chapter 12 (Transfer of community-based sentences)—see section 263.
"sentence of imprisonment", for part 7.6 (Interstate transfer of parole orders)—see section 162.
"sentencing court", for an offender under a sentence, means the court by which the sentence was first imposed, and includes that court differently constituted.
serve a sentence, for chapter 12 (Transfer of community-based sentences)—see section 263.
"served"—a period of imprisonment is served when—
(a) the person is discharged from the imprisonment; or
(b) the person would have been discharged from the imprisonment if the person were not serving (or to serve) another sentence of imprisonment.
"special parole application"—see section 121.
"subject to" a sentence of imprisonment, for part 11.1 (Interstate transfer of prisoners)—see section 219.
"supervisory functions", of the board—see section 180.
"surety", for a good behaviour order—see the Crimes (Sentencing) Act 2005, dictionary.
"term", of a sentence, includes the term as amended under a law of the ACT (including this Act), the Commonwealth, a State or another Territory.
"test sample"—see the Corrections Management Act 2005, dictionary.
"this jurisdiction", for chapter 12 (Transfer of community-based sentences)—see section 265.
"translated sentence", for part 11.1 (Interstate transfer of prisoners)—see section 217.
"victim", of an offender—see section 214.
"victims register"—see section 213.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 30 June 2005.
2 Notification
Notified under the Legislation Act on 2 December 2005.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
I certify that the above is a true copy of the Crimes (Sentence
Administration) Bill 2005, which was passed by the Legislative Assembly on 22
November 2005.
Clerk of the Legislative Assembly
© Australian Capital Territory 2005