New South Wales Consolidated Acts

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CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 3

Interpretation

3 Interpretation

(1) In this Act:

"aggregate sentence of imprisonment" -see section 53A.

"associate with" means:
(a) to be in company with, or
(b) to communicate with by any means (including post, facsimile, telephone and email).

"authorised officer" has the same meaning as it has in the Criminal Procedure Act 1986 .

"community service order" means an order referred to in section 8 (1).

"community service work" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .

"compulsory drug treatment detention" means detention in accordance with Part 4A of the Crimes (Administration of Sentences) Act 1999 .

"convicted inmate" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .

"correctional centre" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .

"correctional officer" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .

"court" means:
(a) the Supreme Court, the Court of Criminal Appeal, the Land and Environment Court, the Industrial Relations Commission, the District Court or the Local Court, or
(b) any other court that, or person who, exercises criminal jurisdiction,
but, subject to the Children (Criminal Proceedings) Act 1987 , does not include the Children’s Court or any other court that, or person who, exercises the functions of the Children’s Court.

"detention centre" has the same meaning as it has in the Children (Detention Centres) Act 1987 .

"Drug Court" means the Drug Court of New South Wales constituted under the Drug Court Act 1998 .

"exercise" a function includes perform a duty.

"full-time detention" means imprisonment that is required to be served otherwise than under an intensive correction order or by way of home detention.

"function" includes a power, authority or duty.

"good behaviour bond" means a bond referred to in section 9 (1), 10 (1) or 12 (1).

"graffiti offence" means an offence under the Graffiti Control Act 2008 .

"home detention" means detention in accordance with Part 4 of the Crimes (Administration of Sentences) Act 1999 .

"home detention order" means an order referred to in section 6.

"inmate" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .

"intensive correction" has the same meaning as in the Crimes (Administration of Sentences) Act 1999 .

"intensive correction order" means an order referred to in section 7.

"intervention plan" has the same meaning as in the Criminal Procedure Act 1986 .

"intervention program" has the same meaning as in the Criminal Procedure Act 1986 .

"intervention program order" means an order referred to in section 10 (1) (c).

"juvenile justice officer" means a juvenile justice officer employed in the Department of Justice.

"non-association order" means an order referred to in section 17A (2) (a).

"non-parole period" means a non-parole period referred to in section 44 (1).

"offender" means a person whom a court has found guilty of an offence.

"person subject to control" has the same meaning as it has in the Children (Detention Centres) Act 1987 .

"place restriction order" means an order referred to in section 17A (2) (b).

"probation and parole officer" has the same meaning as it has in the Crimes (Administration of Sentences) Act 1999 .

"sentence" means:
(a) when used as a noun, the penalty imposed for an offence, and
(b) when used as a verb, to impose a penalty for an offence.

"Sentencing Council" means the New South Wales Sentencing Council constituted under Part 8B.

"sentencing court" , in relation to an offender undergoing a penalty imposed by a court, means the court by which the penalty was imposed.
Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) In this Act:
(a) a reference to a sentence of imprisonment to which an offender is subject includes a reference to a sentence that has been imposed but is yet to commence, and
(b) a reference to the term of a sentence of imprisonment is, if the term is varied under this or any other Act, a reference to the term as so varied, and
(c) a reference to a non-parole period of a sentence of imprisonment is, if the period is varied under this or any other Act, a reference to the period as so varied, and
(d) a reference to a court that has sentenced an offender, made an order or given a direction includes a reference to the same court differently constituted.
(3) Notes in the text of this Act do not form part of this Act.



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