Northern Territory Consolidated Acts Northern Territory Consolidated Acts3. Interpretation
(1) In this Act, unless the contrary intention appears:
adult means a person at least 18 years of age.
appeal means an appeal made under:
(a) Division 2 of Part VI of the Justices Act ;
(b) section 144 of the Youth Justice Act ;
(c) section 10 of the Parole of Prisoners Act ;
(d) Division 2 of Part X of the Criminal Code; or
(e) Part III of the Supreme Court Act .
authorized member , in relation to a person in custody, means a member of the Police Force who may, under Part III, grant bail to the person.
bail means authorization under this Act:
(a) to be at liberty instead of in custody; or
(b) to be released from the obligation to comply with a
non-custodial order.
bail condition means a condition imposed under section 27.
bail undertaking means an undertaking given under section 25.
child means a person under the age of 18 years.
Commonwealth sexual offence means an indictable offence against the law of the Commonwealth of which an element is:
(a) sexual intercourse or sexual penetration; or
(b) an indecent act or an act of a sexual nature; or
(c) sexual slavery, sexual servitude or any other form of sexual exploitation; or
(d) encouraging, or benefiting from, child sex tourism; or
(e) production, communication, use, or any other act involving, pornographic material; or
(f) an attempt to commit, an act of procuring, or any other act preparatory to the commission of, any of the above.
conduct agreement means an agreement by an accused person to observe specified requirements as to conduct while on bail - see section 27(2)(a).
conviction includes a finding of guilt and, without limiting the foregoing part of this definition, includes the making of an order under:
(a) section 4 of the Criminal Law (Conditional Release of Offenders) Act ;
(b) section 26(2)(b) of the Child Welfare Act ; and
(c) section 75(2) of the Justices Act .
court means:
(a) the Supreme Court;
(ba) the Local Court;
(b) the Court of Summary Jurisdiction; or
(c) the Youth Justice Court continued in existence by section 45 of the Youth Justice Act ,
and includes a Judge, magistrate or justice not sitting as a court.
Judge means a Judge of the Supreme Court.
justice means a Justice of the Peace, but does not include a member of the Police Force, a magistrate or a Judge.
magistrate has the same meaning as Magistrate in the Magistrates Act .
offence includes:
(a) a failure to comply with a condition of a parole order made under section 5(5) of the Parole of Prisoners Act ; and
(b) a failure to comply with a condition to which an order made under section 5(1)(a) of the Criminal Law (Conditional Release of Offenders) Act is subject.
pornographic material means material of an indecent, sadistic, sadomasochistic or abusive character (including material related to child abuse).
serious offence means an offence punishable by imprisonment for 5 or more years.
serious sexual offence , see section 3A.
serious violence offence means an offence against any of the following provisions of the Criminal Code that is punishable by imprisonment for 5 or more years:
(a) Part V, Division 2;
(b) Part VI, Divisions 3 to 6A;
(c) section 211 or 212;
(d) another provision prescribed by the Regulations.
Supreme Court includes a Judge of that Court.
Territory sexual offence means an indictable offence of which an element is:
(a) sexual intercourse or sexual penetration; or
(b) a sexual relationship; or
(c) sexual abuse; or
(d) indecent touching or an indecent assault; or
(e) any other indecent act directed against a person; or
(f) the making, collection, exhibition or display of an indecent object or pornographic material; or
(g) sexual servitude or any other form of sexual exploitation; or
(h) an attempt to commit, an act of procuring, or any other act preparatory to the commission of, any of the above.
(2) A reference in this Act to an accused person, or a person accused of an offence, includes a reference to:
(a) a person charged with, convicted of or found guilty of an offence;
(b) a person in respect of whom an appeal is pending;
(c) a person whose case has been remitted by the Supreme Court under section 177(2)(d) of the Justices Act to a court for hearing or further hearing;
(d) a person committed under section 6(2A) or (6), 15(4) or 25(4) of the Criminal Law (Conditional Release of Offenders) Act or the Sentencing Act to appear before, or be dealt with by, a court; and
(e) a person brought before the Court of Summary Jurisdiction under section 5(10) of the Parole of Prisoners Act .
(3) A reference in this Act to entering into a bail condition is a reference, if the condition is imposed under:
(a) section 27(2)(a), (c) or (d) - to entering into the agreement or agreements; or
(b) section 27(2)(b) - to making and signing the acknowledgement; or
(c) section 27(2)(e) or (f) - to entering into the agreement or agreements and depositing the security; or
(d) section 27(2)(g) or (h) - to entering into the agreement or agreements and depositing the amount or amounts of money; or
(e) section 27(2)(j) - to depositing every passport, whether Australian or foreign, held by the accused person;
in accordance with the condition.
(4) A reference, however expressed, in this Act (other than in section 24) to the grant of bail includes a reference to the continuation of bail under section 32.