Northern Territory Consolidated Acts Northern Territory Consolidated Acts3. Interpretation
(1) In this Act, unless the contrary intention appears -
"conditional pardon" means an extension of the prerogative of mercy referred to in section 432 of the Criminal Code upon a condition referred to in that section;
"court" means -
(a) the Local Court;
(b) the Youth Justice Court continued in existence by section 45 of the Youth Justice Act ;
(c) the court of summary jurisdiction; or
(d) the Supreme Court,
and includes a court of the Commonwealth, a State or another Territory of the Commonwealth having similar jurisdiction;
"corresponding law" or "corresponding provision", in relation to an Act or a provision of or under an Act of the Territory, means an Act or provision of or under an Act in force in a State or another Territory of the Commonwealth that corresponds as nearly as practicable to the Act or provision of or under the Act of the Territory;
"criminal record" means a record of -
(a) a conviction;
(b) a finding that an offence is proved (and any order in relation to the finding) without the court proceeding to conviction;
(c) a conviction and the making of an order under section 5 of the Criminal Law (Conditional Release of Offenders) Act ;
(d) a finding or order made under Part 6 of the Youth Justice Act ;
(e) a quashed conviction;
(f) a pardon, including a conditional pardon;
(g) a charge in respect of which a finding or order referred to in paragraphs (a) to (f), inclusive, is made by a court;
(h) action taken in respect of a breach of prison discipline committed during a period of imprisonment; or
(j) disciplinary action taken while a youth offender is in a detention centre,
and includes such a record of a conviction, finding, order, quashed conviction, pardon, charge or action in a State or another Territory of the Commonwealth;
"detention centre" means a youth detention centre approved under section 147 of the Youth Justice Act and includes a detention centre, however described, under a corresponding law;
"equivalent offence" means an offence against the relevant corresponding provision;
"imprisonment" includes a period during which a person is subject to a home detention order under Part IVA of the Criminal Law (Conditional Release of Offenders) Act or Part 3 of the Sentencing Act but does not include -
(a) detention in a detention centre;
(b) a sentence of periodic imprisonment referred to in section 83(1)(k) of the Youth Justice Act ; or
(c) a sentence imposed because of the failure to pay a penalty;
"law enforcement agency" means -
(a) the Police Force of the Northern Territory, the Australian Federal Police, or the police force of a State or another Territory of the Commonwealth;
(b) the Australian Crime Commission;
(c) [Omitted]
(d) the National Exchange of Police Information;
(e) the Attorney-General for the Territory, the Commonwealth or for a State or another Territory of the Commonwealth;
(f) persons employed in the Agency primarily responsible for law and the administration of justice, or a similar Department of the Commonwealth, a State or another Territory of the Commonwealth, or employed in a body administered by such a Department, being persons whose primary function is the institution or conduct of proceedings for offences;
(g) the Office of the Director of Public Prosecutions for the Commonwealth or the Territory, or a similar body established under a law of a State or another Territory of the Commonwealth;
(h) the Director of Public Prosecutions for the Commonwealth or the Territory, or a person performing a similar function appointed under a law of a State or another Territory of the Commonwealth;
(j) a Crown Prosecutor;
(k) a person who, under a law of the Commonwealth, the Territory or a State or another Territory of the Commonwealth, is permitted to practice as a legal practitioner, however described, to the extent to which he or she is engaged by or on behalf of the Crown to prosecute an offence;
(m) a person performing functions and exercising powers on behalf of an agency, authority, department or statutory body referred to in this definition; or
(n) a prescribed person or body;
"non-traffic offence" means an offence other than a traffic offence;
"offence" means an offence against a law in force in the Territory, the Commonwealth or a State or another Territory of the Commonwealth;
"pardon" means an extension of the prerogative of mercy referred to in section 431 of the Criminal Code, not being a conditional pardon;
"public authority" means a public or local authority constituted by or under an Act of the Territory, the Commonwealth or a State or another Territory of the Commonwealth, a government department or a statutory body or agency representing the Crown in any of its capacities, and includes a law enforcement agency and a person performing functions and exercising powers on behalf of the authority, department, statutory body or agency;
"quashed conviction" means -
(a) a conviction;
(b) a finding that an offence has been proved, without proceeding to conviction; or
(c) an order,
that, in accordance with subsection (2), shall be taken to have been quashed;
"sexual offence" means -
(a) an offence against Division 2 of Part V of the Criminal Code;
(b) an offence against section 188(2)(k), 192, 192B or 201 of the Criminal Code;
(c) an offence prescribed as a sexual offence for the purposes of this section; or
(d) an offence of -
(i) counselling or procuring;
(ii) aiding or abetting the commission of;
(iii) conspiring to commit;
(iv) attempting to commit; or
(v) being an accessory after the fact to,
an offence referred to in this definition or an equivalent offence;
"spent conviction" means a criminal record which is spent in accordance with Part 2;
"spent record" means -
(a) a spent conviction;
(b) a criminal record in respect of -
(i) a quashed conviction; or
(ii) an offence in respect of which an unconditional pardon has been given;
(c) a charge not proceeded with; or
(d) a charge that has been withdrawn;
"supervising officer" has the same meaning as in the Prisons (Correctional Services) Act ;
"surveillance officer" has the same meaning as in the Prisons (Correctional Services) Act ;
"traffic offence" means an offence against the Traffic Act or the Traffic Regulations , or an offence prescribed for the purposes of this definition; and
"violent offence" means an offence involving the use or threat of violence against another person.
(2) For the purposes of this Act -
(a) a conviction shall be taken to be quashed if it is quashed or set aside;
(b) a finding that an offence has been proved, without proceeding to a conviction, shall be taken to be quashed if it is quashed or set aside (except where it is set aside in order to impose a penalty);
(c) a finding that an offence has been proved, (and any order in relation to the finding) without the court proceeding to a conviction, shall be taken to be quashed if the finding is quashed or set aside;
(d) a conviction and the making of an order under section 5 of the Criminal Law (Conditional Release of Offenders) Act shall be taken to be quashed if the conviction is set aside; and
(e) an order under Part 6 of the Youth Justice Act shall be taken to be quashed if it is quashed or set aside.
(3) In this Act, unless the contrary intention appears, a reference to an Act or a provision of or under an Act of the Territory includes a reference to a corresponding law or corresponding provision, as the case may be.