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JUSTICES ACT 1959 - SECT 3 Interpretation

JUSTICES ACT 1959 - SECT 3

Interpretation

(1)  In this Act, unless the contrary intention appears –
affected person means a person who is an affected person under section 61(2) ;
breach of duty means any act or omission (not being a simple offence) upon complaint whereof justices may make an order on a person for the payment of money or for doing, or refraining from doing, any other act;
charge of an indictable offence means charge of an indictable offence as such and in order to a committal for trial therefor;
Chief Clerk of Petty Sessions means the person holding office as Chief Clerk of Petty Sessions by virtue of section 16 ;
Chief Magistrate means the Chief Magistrate appointed under section 5 of the Magistrates Court Act 1987 ;
complaint means a written allegation of an indictable or simple offence or of a breach of duty made to a justice;
court of petty sessions means a court held by 2 or more justices in petty session;
court of summary jurisdiction means –
(a) a court of petty sessions; and
(b) a court held by one justice;
decision includes a committal for trial and an admission to bail as well as a conviction, order, order of dismissal, or other determination;
defendant means a person complained against before justices for an indictable offence, simple offence, or breach of duty; and in sections 77 to 87 includes any person against whom a warrant of execution is or may be issued;
Director, MPES means the Director, Monetary Penalties Enforcement Service appointed under section 8 of the Monetary Penalties Enforcement Act 2005 ;
district means a municipal area, within the meaning of the Local Government Act 1993 ;
extra-territorial justice means a justice appointed under section 11 ;
family violence offence means a family violence offence within the meaning of the Family Violence Act 2004 ;
family violence order means a family violence order within the meaning of the Family Violence Act 2004 and includes a police family violence order and an interim family violence order under that Act;
gaol means a prison within the meaning of the Corrections Act 1997 ;
gaoler means –
(a) in relation to a prisoner or detainee, as defined in the Corrections Act 1997 , in a place declared under section 9(1) of the Corrections Act 1997 to be a prison, the Director of Corrective Services; or
(b) in relation to a person in a place declared to be a prison under the Corrections Act 1997 that is available for use for the detention in lawful custody of persons other than prisoners or detainees under section 9(2) of the Corrections Act 1997 , a police officer;
hearing includes the examination of a person charged with an indictable offence;
indictable offence means an offence which may be prosecuted upon indictment before the Supreme Court;
interim restraint order has the same meaning as in Part XA ;
lawyer means an Australian legal practitioner as defined in section 6 of the Legal Profession Act 2007 ;
magistrate means a magistrate within the meaning of the Magistrates Court Act 1987 ;
Magistrates Rule Committee means the committee referred to in section 15AC of the Magistrates Court Act 1987 ;
order means an order made upon a complaint of a breach of duty;
pecuniary sum means a sum of money in respect of which a warrant is issued under section 80 (1) , including the prescribed costs of the warrant and of a warrant of commitment issued under section 80 (2) (c) , 80 (4A) or 82 (1) , as the case may require;
petty session means a sitting together of 2 or more justices otherwise than in –
(a) a general session; or
(b) a special session required to be held for administrative purposes under another Act;
preliminary proceedings means proceedings conducted in accordance with a preliminary proceedings order;
preliminary proceedings order means an order requiring the giving of evidence on oath in preliminary proceedings –
(a) made under section 62 ; or
(b) made by the Supreme Court under section 331B of the Criminal Code ;
prescribed means –
(a) prescribed in the rules of court; or
(b) prescribed in regulations made under section 145 ;
probation officer means a probation officer as defined by the Corrections Act 1997 ;
public officer means any person employed in any capacity in the public service of the State, and includes –
(a) a police officer; and
(b) a probation officer;
restraint order has the same meaning as in Part XA ;
rules of court means rules of court made by the Magistrates Rule Committee under the Magistrates Court Act 1987 for the purposes of this Act;
Secretary means the Secretary of the Department;
simple offence means any offence (indictable or not) punishable, on summary conviction before justices, by fine, imprisonment, or otherwise;
summary conviction , or conviction , means a conviction by justices for a simple offence;
telephone interim restraint order has the same meaning as in Part XA ;
the clerk of petty sessions means the person appointed or assigned as clerk of petty sessions for the district to which the context relates;
the justices means the justices exercising jurisdiction in respect of the matter to which the context relates.
(2)  Where in any enactment the expressions information , information and complaint , charge , and charge of an indictable offence are used in relation to proceedings before justices, they shall be deemed to mean a complaint.