South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 5

5—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"aggravated offence"—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to an aggravated offence is a reference to the offence in its aggravated form (see section 5AA


);

"basic offence"—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to a basic offence is a reference to the offence in its non-aggravated form (see section 5AA


);

"bestiality" means sexual activity between a person and an animal;

"common prostitute" includes any male person who prostitutes his body for fee or reward;

"court" means, except where a contrary intention is indicated or appears from the context, the Supreme Court, the District Court or a court of summary jurisdiction;

"criminal organisation" has the same meaning as in Part 3B Division 1;

"domestic partner" means a person who is a domestic partner within the meaning of the Family Relationships Act 1975


, whether declared as such under that Act or not;

"drive" includes ride;

"driver's licence" includes a learner's permit;

"dwelling house" does not include a building, although within the curtilage of a dwelling house and occupied with the dwelling house, unless there is a communication between the building and dwelling house, either immediate or by means of a covered and enclosed passage leading from the one to the other;

"firearm" has the same meaning as in the Firearms Act 2015


;

"Full Court" has the same meaning as in the Supreme Court Act 1935


;

"liable to be imprisoned for life" means liable to be imprisoned for life or any lesser term;

"local government body" means—

            (a)         a council or other body constituted under the Local Government Act 1999


; or

            (b)         a regional development assessment panel or a council development assessment panel constituted under section 34 or 56A of the Development Act 1993


;

"motor vehicle" means a vehicle that is propelled by a motor;

"motor vessel" means a vessel that is propelled by a motor;

"night" means the interval between nine o'clock in the evening and six o'clock in the morning of the next day;

"offensive weapon" means—

            (a)         an article or substance made or adapted for use for causing, or threatening to cause, personal injury or incapacity including—

                  (i)         a firearm or imitation firearm (ie an article intended to be taken for a firearm); or

                  (ii)         an explosive or an imitation explosive (ie an article or substance intended to be taken for an explosive); or

            (b)         an article or substance that a person has—

                  (i)         for the purpose of causing personal injury or incapacity; or

                  (ii)         in circumstances in which another is likely to feel reasonable apprehension that the person has it for the purpose of causing personal injury or incapacity;

"the Parole Board" means the Parole Board of South Australia;

"place of divine worship" means any church, chapel, meeting house or other place of divine worship;

"property" means real or personal property whether tangible or intangible and includes a wild animal that is in captivity or ordinarily kept in captivity;

"serious and organised crime offence" means—

            (a)         an offence against Part 3B


; or

            (b)         an offence that—

                  (i)         is punishable by life imprisonment; or

                  (ii)         is an aggravated offence against a provision of this, or any other, Act,

if it is alleged that the offence was committed in the circumstances where—

                  (iii)         the offender committed the offence for the benefit of a criminal organisation, or 2 or more members of a criminal organisation, or at the direction of, or in association with, a criminal organisation; or

                  (iv)         in the course of, or in connection with, the offence the offender identified himself or herself in some way as belonging to, or otherwise being associated with, a criminal organisation (whether or not the offender did in fact belong to, or was in fact associated with, the organisation);

"sexual intercourse" includes any activity (whether of a heterosexual or homosexual nature) consisting of or involving—

            (a)         penetration of a person's vagina, labia majora or anus by any part of the body of another person or by any object; or

            (b)         fellatio; or

            (c)         cunnilingus,

and includes a continuation of such activity;

"spouse"—a person is the spouse of another if they are legally married;

"vehicle" includes an animal;

"vessel" has the same meaning as in the Harbors and Navigation Act 1993


.

        (2)         A note to a section or subsection of this Act forms part of the text of the Act unless the note clearly has no substantive effect.

        (3)         For the purposes of this Act, a reference to a breast, vagina, labia majora, penis or other sexual organ includes a reference to a surgically constructed or altered breast, vagina, labia majora, penis or sexual organ (as the case may be).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback