South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act and in
every other Act or statutory instrument, unless the contrary intention
appears—
"Act" means—
(a) an
Act of the Parliament of South Australia or an Act or ordinance of some
earlier legislative authority in South Australia; or
(b) an
Act of the Imperial Parliament that has been received into the law of South
Australia or applies to South Australia by paramount force;
"ADI" means an authorised deposit-taking institution within the meaning of the
Banking Act (Cwth) ;
"AS" or "Australian Standard" or "AS/NZS" or "Australian/New Zealand Standard"
means a standard published by or under the authority of Standards Australia
(alone or jointly with others);
"Australia Acts" means—
(a) the
Australia Act 1986 of the Commonwealth; and
(b) the
Australia Act 1986 of the United Kingdom;
"Australian citizen" means a person who is an Australian citizen under the
provisions of the Australian Citizenship Act 1948 of the Commonwealth;
"bank" means an ADI that is permitted under the Banking Act (Cwth) to assume
or use—
(a) the
word "bank",
"banker" or "banking"; or
(b) any
other word (whether or not in English) that is of like import to a word
referred to in paragraph (a)
;
"bank cheque" or "banker's cheque" means a cheque that an ADI draws on itself;
"bank holiday" means a day that is, under the Holidays Act 1910
, a bank holiday;
"Banking Act (Cwth)" means the Banking Act 1959 of the Commonwealth, as
amended from time to time and includes an Act enacted in substitution for that
Act;
"building society" means an ADI that is permitted under the Banking Act (Cwth)
to assume or use—
(a) the
expression
"building society"; or
(b) any
other expression (whether or not in English) that is of like import to the
expression referred to in paragraph (a)
;
"commencement", in relation to an Act or statutory instrument, means the day
or time on which the Act or statutory instrument comes into operation;
"the Commonwealth" means the Commonwealth of Australia;
"credit union" means an ADI that is permitted under the Banking Act (Cwth) to
assume or use—
(a) the
expression
"credit union"; or
(b) any
expression (whether or not in English) that is of like import to the
expression referred to in paragraph (a)
;
"data storage device" means any article or material (for example, a disk) from
which information is capable of being reproduced, with or without the aid of
any other article or device;
"document" includes—
(a) any
paper or other material on which there is writing; and
(b) any
map, plan, drawing, graph or photograph; and
(c) any
paper or other material on which there are marks, figures, symbols or
perforations having a meaning for persons qualified to interpret them; and
(d) any
article or material from which sounds, images or writings are capable of being
reproduced with or without the aid of any other article or device;
"estate", in relation to land, includes any estate or interest, easement,
right, title, claim, demand, charge, lien or encumbrance in, over, to, or in
respect of, the land;
"financial year" means the period of 12 months ending on the expiration of the
thirtieth day of June;
"friendly society" means a body that is a friendly society for the purposes of
the Life Insurance Act 1995 of the Commonwealth as amended from time to
time;
"the Gazette", "the Government Gazette" or
"the South Australian Government Gazette" means the South Australian
Government Gazette (including any supplement to that gazette) printed and
published, or purporting to be printed and published, by the Government
Printer of the State;
"the Governor-in-Chief", "the Governor" or
"the Lieutenant-Governor" means the Governor of the State or other officer for
the time being administering the Government of the State;
"His Majesty" or "Her Majesty", "the
King" or " the Queen", or " the Crown", means His Majesty the King, or Her
Majesty the Queen, Sovereign for the time being of Australia, and includes the
predecessors and the heirs and successors of the King or Queen;
"judge" means a Judge of the Supreme Court or a District Court Judge;
"justice" means justice of the peace for the State;
"land" includes—
(a) a
building or structure affixed to land;
(b)
waters and airspace over land;
(c) the
bed of any body of waters;
(d)
subsoil and subterranean waters;
"major indictable offence" means any indictable offence classified by statute
as a major indictable offence 1 ;
"the Minister" means—
(a) when
used in an Act—the Minister of the Crown to whom the administration of
the Act has been committed by the Governor, or in whom the administration of
the Act is otherwise vested; and
(b) when
used in a statutory instrument—the Minister of the Crown to whom the
administration of the Act under which the statutory instrument was made has
been committed by the Governor, or in whom the administration of that Act is
otherwise vested,
and includes a Minister of the Crown for the time being discharging the duties
of that Minister or acting in the exercise of powers or functions delegated by
that Minister;
"minor indictable offence" means any indictable offence classified by statute
as a minor indictable offence 1 ;
"month" means calendar month;
"oath" or "affidavit", in all cases where persons are allowed by law to affirm
or to declare instead of swearing, includes affirmation or declaration;
"Parliament" means the Parliament of the State;
"person" or "party" includes a body corporate;
"police force" means South Australia Police under the Police Act 1998
;
"police officer" means any member of South Australia Police under the
Police Act 1998
;
"prescribed" means—
(a) when
used in an Act—prescribed by the Act or by a statutory instrument made,
or to be made, under the Act; and
(b) when
used in a statutory instrument—prescribed by the Act under which the
statutory instrument was made, by the statutory instrument itself or by some
further statutory instrument made, or to be made, under the Act under which
the statutory instrument was made;
"proclamation" means a proclamation made by the Governor and published in
the Gazette;
"public holiday" means a day that is, under the Holidays Act 1910
, a public holiday;
"record" includes information stored or recorded by computer or other process;
"regulation", "rule" or "by-law" means—
(a) when
used in an Act—a regulation, rule or by-law made under the Act in which
the expression is used; and
(b) when
used in a statutory instrument—a regulation, rule or by-law made under
the Act under which the statutory instrument was made;
"sitting days", in relation to either House of Parliament, means days on which
the House actually sits;
"special justice" means a justice who has been appointed as a special justice;
"Standards Association of Australia" includes—
(a)
Standards Australia International Limited; and
(b)
Standards Australia Limited (ACN 087 326 690);
"Standards Australia" means—
(a)
Standards Association of Australia; or
(b)
Standards Australia International Limited; or
(c)
Standards Australia Limited (ACN 087 326 690);
"the State" or "this State" means the State of South Australia;
"statutory declaration" means—
(a) a
declaration made under the Oaths Act 1936
; or
(b) a
declaration made outside the State—
(i)
in pursuance of a law in force in the place where the
declaration is made, being a law that renders the declarant liable to a
criminal penalty for a false declaration; and
(ii)
before a person who has authority under that law to take
declarations;
"statutory instrument" means—
(a) a
regulation, rule, by-law or statute made under an Act; or
(ab) a
proclamation, notice, order or other instrument made by the Governor or a
Minister under an Act and published in the Gazette; or
(b) a
code or standard made, approved or adopted under an Act; or
(c) any
other instrument of a legislative character made or in force under an Act;
"summary offence" means any offence classified by statute as a summary offence
1 ;
"Supreme Court" means the Supreme Court of the State;
"to swear", in all cases where persons are allowed by law to affirm or to
declare instead of swearing, includes to affirm or to declare;
"this Act", when used in an Act, includes statutory instruments made under the
Act in which the expression is used;
"United Kingdom" means the United Kingdom of Great Britain and Ireland;
"writing" includes any visible form in which words, figures, drawings or
symbols may be reproduced or represented.
(2) A reference in an
Act or statutory instrument to—
(a)
"audiotape", "photograph",
"videotape" or other word in the form of a verb describing the capture or
recording of images or sounds by an audiorecording, cinematographic,
photographic or videorecording device includes, unless the contrary intention
appears, a reference to the capture or recording of images or sounds by a
digital device;
(b) an
"audiotape", "photograph",
"videotape" or other word in the form of a noun describing the item on which
images or sounds captured or recorded by an audiorecording, cinematographic,
photographic or videorecording device are stored or reproduced includes,
unless the contrary intention appears, a reference to a digital data
storage device;
(c) a
"book", "paper", "plan" or other word in the form of a noun describing an item
on which there is writing includes, unless the contrary intention appears, a
reference to a digital data storage device.
Note—
1 For the classification of offences, the reader
should refer to section 5 of the Summary Procedure Act 1921
. However, it should be noted that the principles set out in that section for
differentiating major indictable, minor indictable and summary offences may be
subject to some special exception made by the Act under which the offence in
question is created.