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

Aboriginal youth means a youth who is an Aboriginal person within the meaning of the Aboriginal Lands Act 1995 ;

Administrator means the Administrator appointed under section 16 of the Magistrates Court Act 1987 ;

amend means one or more of the following:

(a) omitting all or any matter;

(b) inserting matter;

(c) substituting matter;

authorised police officer means a police officer who has been authorised by the Commissioner of Police to administer formal cautions against further offending;

Chief Psychiatrist has the same meaning as in the Mental Health Act 2013 ;

Chief Magistrate means the Chief Magistrate appointed under section 5 of the Magistrates Court Act 1987 ;

Commissioner for Children and Young People means the Commissioner for Children and Young People appointed and holding office under the Commissioner for Children and Young People Act 2016 ;

community conference means a community conference convened, or to be convened, under Division 3 of Part 2 or on the order of the Court;

community service means attending, or undertaking, a community service activity;

community service activity means an activity that is approved under section 6A ;

community service order means an order made under section 47(1)(g) or 62(4)(b) requiring a youth to perform community service;

compensation order means an order made under section 47(2)(c) requiring a youth to make compensation;

complaint has the same meaning as in the Justices Act 1959 ;

controlled substance has the same meaning as in the Misuse of Drugs Act 2001 ;

Court means the Magistrates Court (Youth Justice Division) established by section 159 ;

Custodial Inspector means the Custodial Inspector appointed under section 5 of the Custodial Inspector Act 2016 ;

detainee means a person who is being lawfully detained in a detention centre;

detention , in the case of a sentence of detention, means detention in a detention centre;

detention centre means a detention centre established under section 123 ;

detention centre manager means a person appointed under section 124A ;

detention offence means an offence –

(a) specified in section 139 ; and

(b) specified in section 143 where the offender or alleged offender is a detainee;

detention order means an order made under section 47(1)(h) requiring a youth to be detained in a detention centre;

detention period means the period of detention specified in a detention order;

Director, Monetary Penalties Enforcement Service has the same meaning as in the Monetary Penalties Enforcement Act 2005 ;

district registrar means a district registrar appointed under section 16A of the Magistrates Court Act 1987 ;

drug means –

(a) a scheduled substance within the meaning of the Poisons Act 1971 ; or

(b) a controlled substance within the meaning of the Misuse of Drugs Act 2001 ;

earliest release date means the day immediately following the completion of 50% of the period of detention during which a youth is liable to be detained or 3 months, whichever is the longer;

facilitator means a person holding an appointment as a facilitator under section 167 ;

family violence offence means a family violence offence within the meaning of the Family Violence Act 2004 ;

fine means a fine imposed under section 47(1)(e) ;

formal caution means a caution administered under section 10 ;

goods includes a motor vehicle;

Government Agency has the same meaning as in the Children, Young Persons and Their Families Act 1997 ;

guardian means –

(a) a parent of a child; and

(b) a person who is the legal guardian of a child; and

(c) a person who has the legal custody of a child; and

(d) any other person who generally acts in the place of a parent of a child and has done so for a significant length of time;

indictable offence means an offence that may be prosecuted upon indictment even though it may, in some circumstances, be dealt with summarily;

informal caution means an informal caution given under section 8 ;

information-sharing entity has the same meaning as in the Children, Young Persons and Their Families Act 1997 ;

legal practitioner means an Australian legal practitioner;

legal representative means a legal practitioner who represents a youth or another person;

next release date means the day specified by the Court under section 117(12) as the next release date when making an order cancelling a supervised release order;

nominated adult , in relation to a youth, means an adult who –

(a) has had a close association with the youth or has been counselling, advising or aiding the youth; and

(b) has not been charged with the offence in respect of which the youth has been taken into custody or is not suspected, by a police officer on reasonable grounds, of being directly or indirectly involved in the commission of that offence; and

(c) has been nominated by the youth;

mental illness has the same meaning as in the Mental Health Act 2013 ;

offence means any offence other than a prescribed offence;

offence-affected property includes –

(a) property in respect of which an offence was committed; or

(b) property affected in the course of, or in connection with, the commission of an offence;

police investigation means the questioning by police officers of a detainee, or the carrying out by police officers of an investigation in which a detainee participates, in order to determine the detainee's involvement, if any, in relation to an offence;

prescribed offence means –

(a) in respect of a youth who is less than 14 years old –

(i) an offence under section 158 of the Criminal Code (murder); and

(ii) an offence under section 159 of the Criminal Code (manslaughter); and

(iii) an offence under section 299 of the Criminal Code in relation to an offence referred to in section 158 of the Criminal Code (attempted murder); and

(iv) an offence which is prescribed by the regulations to be a prescribed offence for the purposes of this subparagraph; and

(b) in respect of a youth who is 14, 15 or 16 years old –

(i) an offence referred to in paragraph (a) ; and

(ii) an offence under section 127A of the Criminal Code (aggravated sexual assault); and

(iii) an offence under section 185 of the Criminal Code (rape); and

(iiia) an offence under section 125A of the Criminal Code (persistent sexual abuse of a child [ or young person]); and

(iv) an offence under section 240(3) of the Criminal Code (armed robbery); and

(v) an offence under section 240(4) of the Criminal Code (aggravated armed robbery); and

(vi) an offence under section 248(a) of the Criminal Code (being found prepared for the commission of a crime under Chapter XXVII of the Criminal Code armed with a dangerous or offensive weapon or instrument); and

(via) an offence under section 11A of the Police Powers (Vehicle Interception) Act 2000 ; and

(vii) an offence which is prescribed by the regulations to be a prescribed offence for the purposes of this subparagraph; and

(c) in respect of a youth who is 17 years old –

(i) an offence referred to in paragraph (b) ; and

(ia) an offence under section 37J of the Police Offences Act 1935 ; and

(ii) an offence under the Marine Safety (Misuse of Alcohol) Act 2006 , the Road Safety (Alcohol and Drugs) Act 1970 , the Traffic Act 1925 or the Vehicle and Traffic Act 1999 except where proceedings for that offence are, or are to be, determined in conjunction with proceedings for an offence that is not a prescribed offence; and

(iii) an offence which is prescribed by the regulations to be a prescribed offence for the purposes of this subparagraph;

prescription medicine means a medicine the issue of which is prohibited except in accordance with the prescription of a medical practitioner;

previous offending history includes –

(a) any offence in respect of which a youth has received a formal caution; and

(b) any offence in respect of which a youth has attended a community conference; and

(c) any offence, and any prescribed offence, in respect of which a youth has been found guilty, whether or not the charge for the offence or prescribed offence has been dismissed or a conviction recorded;

prison means a prison within the meaning of the Corrections Act 1997 ;

probation order means an order made under section 47(1)(f) placing a youth on probation;

provide includes cause to be provided;

psychologist means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession;

receiving State means the State to which a youth is transferred;

recognised Aboriginal organisation has the same meaning as in the Children, Young Persons and Their Families Act 1997 ;

regulations means the regulations made and in force under this Act;

rehabilitation program means a structured treatment program designed to reduce the likelihood of a person who has committed a family violence offence re-offending;

rehabilitation program order means an order to attend and participate in a rehabilitation program and in doing so comply with the reasonable directions of a person employed or engaged to conduct such a program;

release and adjournment order means an order made under section 47(1)(d) ;

responsible adult , in relation to a youth, means a person who –

(a) is a nominated adult in relation to the youth; or

(b) if there is no nominated adult in relation to the youth, a justice of the peace or a person, or a member of a class of persons, approved by the Secretary;

restitution order means an order under section 47(2)(b) requiring a person to perform one or more of the actions specified in section 95(1) ;

Secretary means the Secretary of the Department;

secure mental health unit has the same meaning as in the Mental Health Act 2013 ;

sending State means the State from which a youth is transferred;

serve includes cause to be served;

State includes a Territory;

statutory authority means an incorporated or unincorporated body which is established, constituted or continued by or under an Act or under the royal prerogative, being a body which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister of the Crown or another statutory authority;

summons has the same meaning as in the Justices Act 1959 ;

supervised release order means an order made by the Secretary under section 110 ;

transfer agreement means an agreement between the Minister and a Minister of another State under section 148 ;

transfer arrangement means an arrangement made under section 149 for the transfer of a youth from Tasmania to another State or to Tasmania from another State;

transfer order means an order made under section 153 ;

Tribunal means the Tasmanian Civil and Administrative Tribunal;

undertaking to be of good behaviour means an undertaking entered into, or to be entered into, by a youth under section 47(1)(c) ;

victim , in the case of a victim that is a corporation, Government department, statutory authority or other organisation, includes a representative of that corporation, Government department, statutory authority or other organisation;

watch-house means –

(a) a building or part of a building at a police station used for the confinement of persons under arrest or otherwise lawfully detained in custody; and

(b) a place approved by the Minister under subsection (2) ;

working day means a Monday, Tuesday, Wednesday, Thursday or Friday except where that day is a statutory holiday as defined in the Statutory Holidays Act 2000 ;

youth means a person who is 10 or more years old but less than 18 years old at the time when the offence the person has committed, or is suspected of having committed, occurred;

youth justice worker  – see section 166A .

(2)  The Minister, in writing, may approve a place as a watch-house.