CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 5
CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 5
(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);
"approved carer", of a child, means an approved carer (within the meaning of
the Children and Young People (Safety) Act 2017 ) in whose care the child
has been placed under that Act;
"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 ;
"foster parent", of a child, includes—
(a) an
approved carer of the child; and
(b) a
person in whose care the child is placed under section 77 of the
Children and Young People (Safety) Act 2017 ;
"liable to be imprisoned for life" means liable to be imprisoned for life or
any lesser term;
"local government body" means a council or other body constituted under the
Local Government Act 1999 ;
"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;
"planning assessment panel" means an assessment panel appointed or constituted
under Part 6 Division 2 of the Planning, Development and Infrastructure
Act 2016 ;
"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).