EVIDENCE (CHILDREN) ACT 1997 - SECT 3 Definitions

This legislation has been repealed.

EVIDENCE (CHILDREN) ACT 1997 - SECT 3

3 Definitions

(1) In this Act:

"apprehended violence order" means an apprehended violence order made under Part 15A of the Crimes Act 1900 and includes an interim apprehended violence order made under that Part.

"child protection prohibition order" means a prohibition order within the meaning of the Child Protection (Offenders Prohibition Orders) Act 2004 , and includes an interim child protection prohibition order made under that Act.

"exercise" a function includes perform a duty.

"function" includes a power, authority or duty.

"investigating official" means:

(a) a police officer (other than a police officer who is engaged in covert investigations under the orders of a superior), or

(b) a person who is engaged, in conjunction with an investigating official described in paragraph (a), in an investigation caused to be made by the Director-General of the Department of Community Services under section 27 (Mandatory reporting) of the Children and Young Persons (Care and Protection) Act 1998 , or

(c) any other person prescribed by the regulations for the purposes of this definition.

"personal assault offence" means any of the following offences:

(a) an offence under Part 3 (Offences against the person) of the Crimes Act 1900 ,

(b) an offence under section 545AB or 562AB (Stalking, intimidation with intent to cause fear for personal safety) of the Crimes Act 1900 ,

(c) an offence under section 562ZG, or section 562I as in force before its substitution (Offence of contravening an apprehended violence order) of the Crimes Act 1900 ,

(d) an offence under section 227 (Child and young person abuse) of the Children and Young Persons (Care and Protection) Act 1998 ,

(e) an offence which includes the commission of, or an intention to commit, any of the above offences,

(f) an offence of attempting, or of conspiracy or incitement, to commit any of the above offences.

"recording" means:

(a) an audio recording, or

(b) a video recording, or

(c) a video recording accompanied by a separately but contemporaneously recorded audio recording.

(2) Notes included in this Act do not form part of this Act.