South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"the Administrator" means the person for the time being holding or acting in
the office of the State Courts Administrator under the Courts Administration
Act 1993 ;
"authorised officer" means—
(a) the
Sheriff; or
(b)
the Manager, Penalty Management; or
(c) a
Registrar of the Magistrates Court; or
(d) the
Registrar of the Youth Court; or
(e) a
person appointed by the Administrator under Part 9 as an authorised officer;
"bond" means an agreement (not being a bail agreement) entered into pursuant
to the sentence of a court under which the defendant undertakes to the Crown
to comply with the conditions of the agreement;
"case manager" means a person responsible for supervision of a person's
participation in an intervention program;
"the CEO" means the Chief Executive Officer of the Department for Correctional
Services;
"community corrections officer" means an officer or employee of the Department
for Correctional Services whose duties include the supervision of offenders in
the community;
"conditional release" means conditional release from a training centre;
"court"—
(a)
means any court of criminal jurisdiction; and
(b) in
relation to the exercise of powers under this Act with respect to the
variation, revocation or enforcement of an order of court or other related
matters, means the court that made the order or a court of co-ordinate
jurisdiction;
"ERD Court" means the Environment, Resources and Development Court;
"home" means a building, structure, vehicle or vessel, or part of a building,
structure, vehicle or vessel, used as a place of residence;
"injury", in relation to an offence, includes pregnancy, mental injury, shock,
fear, grief, distress or embarrassment resulting from the offence;
"intervention program" means a program that provides—
(a)
supervised treatment; or
(b)
supervised rehabilitation; or
(c)
supervised behaviour management; or
(d)
supervised access to support services; or
(e) a
combination of any one or more of the above,
designed to address behavioural problems (including problem gambling),
substance abuse or mental impairment;
"intervention program manager" means a person employed by the South Australian
Courts Administration Authority to have general oversight of
intervention programs and coordinate the implementation of relevant court
orders (and includes a delegate of such a person);
"intruder" means a person who commits a criminal trespass;
"the Manager, Penalty Management" or "the Manager" means the person for the
time being holding or acting in the office of Manager, Penalty Management
under the Magistrates Court Act 1991 ;
"the Parole Board" means the Parole Board of South Australia established under
the Correctional Services Act 1982 ;
"pecuniary sum" means—
(a) a
fine; or
(b)
compensation; or
(c)
costs; or
(d) a
sum payable pursuant to a bond or to a guarantee ancillary to a bond; or
(e) any
other amount payable pursuant to an order or direction of a court,
and includes a VIC levy;
"probationer" means a defendant who has entered into a bond pursuant to this
Act;
"probative court" means—
(a) in
the case of a bond entered into pursuant to an order of an appellate court on
an appeal against sentence—the court that imposed that sentence;
(b) in
any other case—the court that made the order pursuant to which the
defendant entered into the bond;
"sale" of property includes conversion of the property into money by any
appropriate means;
"sentence" means—
(a) the
imposition of a penalty; or
(b) the
decision of a court to offer a defendant an opportunity to enter into a bond;
or
(c) the
fixing, extending or negating of a non-parole period; or
(d) the
making of any other order or direction affecting penalty;
"sentence of indeterminate duration" means detention in custody until further
order;
"special Act" means an Act, regulation, rule, by-law or other legislative
instrument that creates an offence or prescribes a penalty for an offence;
"VIC levy" means a levy imposed under the Victims of Crime Act 2001 or a
corresponding previous law;
"working day" means any day other than a Saturday, Sunday or public holiday;
"youth" has the same meaning as in the Young Offenders Act 1993 ;
"Youth Court" means the Youth Court of South Australia .
(2) For the purposes
of this Act, a person who pleads guilty to a charge of an offence will be
taken to have been found guilty of the offence unless—
(a) the
plea is subsequently withdrawn; or
(b) the
person is adjudged incompetent to have made the plea.
(3) For the purposes
of this Act, a VIC levy imposed on a person will be taken to have been imposed
by order of the court that found the person guilty of the offence that gave
rise to the levy.