sec.6Definitions

### sec.6 Definitions In this Act— adjourn includes postpone or reserve a question on a point of law. admit to bail includes grant bail. s 6 def admit ins 1995 No. 58 s 4 sch 1 appeal includes an application for leave to appeal. approved form see section 36C . s 6 def approved form ins 1995 No. 58 s 4 sch 1 child ... s 6 def child ins 2002 No. 39 s 122 amd 1992 No. 44 s 341 sch 3 (amd 2002 No. 39 ss 115 , 118 ) (amdt could not be given effect); 2009 No. 34 s 45 (1) sch pt 1 amdt 3 om 2016 No. 58 s 10 sch 1 committal for trial includes a committal for sentence. Commonwealth control order means a control order as defined in the Criminal Code (Cwlth) , section  100.1(1) . s 6 def Commonwealth control order ins 2019 No. 10 s 3 community justice group means— the community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , part 4 , division 1 , for the community of a defendant who is an Aboriginal or Torres Strait Islander person; or a group of persons within the community of a defendant who is an Aboriginal or Torres Strait Islander person, other than a department of government, that is involved in the provision of any of the following— information to a court about Aboriginal or Torres Strait Islander defendants; diversionary, interventionist or rehabilitation activities relating to Aboriginal or Torres Strait Islander defendants; other activities relating to local justice issues; or a group of persons made up of elders or other respected persons of the defendant’s community. s 6 def community justice group ins 2004 No. 43 s 5 amd 2005 No. 70 s 31 ; 2007 No. 37 s 9 (3) ; 2007 No. 59 s 66 conviction includes— a finding of guilt; a finding that a person is not guilty by reason of unsoundness of mind; a conviction of an offence for which an order is made— requiring the person to perform unpaid community service; or discharging the person absolutely or conditionally. s 6 def conviction amd 1988 No. 105 s 6 (a) court includes— a judge or justice, whether sitting in court or acting in another way; and a court exercising appellate jurisdiction; and a justice or justices conducting an examination of witnesses in relation to an indictable offence; and a justice acting under section 15A or conducting a bail proceeding by using video link facilities or audio link facilities under the Justices Act 1886 , part 6A . s 6 def court sub 2007 No. 37 s 9 (1) – (2) amd 2013 No. 64 s 4 criminal organisation ... s 6 def criminal organisation ins 2013 No. 45 s 3 om 2016 No. 62 s 4 criminal proceeding includes a hearing, trial or appeal in relation to an offence. Crown Solicitor ... s 6 def Crown Solicitor om 1988 No. 105 s 6 (b) defendant means a person charged with or convicted of an offence and includes such a person who is a party to an appeal. defendant’s community , in relation to a defendant who is an Aboriginal or Torres Strait Islander person, means the defendant’s Aboriginal or Torres Strait Islander community, whether it is— an urban community; or a rural community; or a community on DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 . s 6 def defendant’s community ins 2004 No. 43 s 5 deputy director of public prosecutions means, where the charge out of which a prosecution arises is a charge for an offence against the laws of the Commonwealth, the deputy director of public prosecutions in Queensland. s 6 def deputy director of public prosecutions ins 1988 No. 105 s 6 (c) Director of Prosecutions ... s 6 def Director of Prosecutions ins 1988 No. 105 s 6 (c) om 1995 No. 58 s 4 sch 1 family relationship has the meaning given by the Domestic and Family Violence Protection Act 2012 , section 19 . s 6 def family relationship ins 2024 No. 5 s 4 hearing means a proceeding before a court or judge or before any justice or justices dealing summarily with a charge of a simple offence or conducting an examination of witnesses in relation to an indictable offence or a proceeding wherein a person is to be sentenced and includes a proceeding wherein a person is charged with an offence on indictment whether or not the person has been called upon to plead to that indictment. informal care relationship has the meaning given by the Domestic and Family Violence Protection Act 2012 , section 20 . s 6 def informal care relationship ins 2024 No. 5 s 4 judge includes a District Court judge. s 6 def judge ins 1988 No. 105 s 6 (d) lawyer means an Australian lawyer who, under the Legal Profession Act 2007 , may engage in legal practice in this State. s 6 def lawyer ins 2007 No. 37 s 9 (2) offence includes an alleged offence. participant ... s 6 def participant ins 2013 No. 45 s 3 om 2016 No. 62 s 4 police establishment means a police establishment under the Police Service Administration Act 1990 . s 6 def police establishment ins 2000 No. 5 s 461 sch 3 police force ... s 6 def police force om 1993 No. 34 s 2 sch precincts , of a court, means any land or building, or the part of any land or building, used for the purposes of the court. s 6 def precincts ins 1999 No. 67 s 3 prison includes any institution or place at which a child is detained pursuant to the Youth Justice Act 1992 and any other place where persons may be detained in lawful custody. s 6 def prison amd 1992 No. 44 s 235 sch 3 ; 2009 No. 34 s 45 (1) sch pt 1 amdt 3 proper officer , when used in relation to a court, means— in the case of the Supreme Court or the District Court—the registrar or any sheriff or deputy sheriff; or in the case of a Magistrates Court—the clerk of the court. s 6 def proper officer amd 1999 No. 19 s 3 sch ; 2008 No. 59 s 139 sch simple offence means an offence (whether or not indictable) punishable on summary conviction before a Magistrates Court by fine, imprisonment or otherwise. SPER means the State Penalties Enforcement Registry established under the State Penalties Enforcement Act 1999 . s 6 def SPER ins 2007 No. 3 s 38 surrender into custody , when used in relation to a defendant who is— on bail; or permitted to go at large without bail; means surrender into the custody of the court at the time and place for the time being appointed for the defendant to do so. s 6 def surrender into custody sub 1988 No. 105 s 6 (e) terrorism offence means— a terrorism offence under the Crimes Act 1914 (Cwlth) ; or an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 (Cwlth) , sections 6 to 9 ; or an offence against the Terrorism (Community Protection) Act 2003 (Vic) , section 4B ; or an offence against the Crimes Act 1900 (NSW) , section 310J ; or an offence against the Criminal Law Consolidation Act 1935 (SA) , section 83CA ; or another offence against a provision of a law of the Commonwealth or another State if the provision— is prescribed by regulation; and is in relation to an activity that involves a terrorist act, or is preparatory to the carrying out of an activity that involves a terrorist act. s 6 def terrorism offence ins 2019 No. 10 s 3 terrorist act see the Police Powers and Responsibilities Act 2000 , section 211 . s 6 def terrorist act ins 2019 No. 10 s 3 trial means a proceeding wherein a person is charged with an offence on indictment and includes a proceeding wherein a person is to be sentenced. undertaking means a promise in writing with respect to bail signed by a defendant or by a defendant and the defendant’s surety or sureties that the defendant will appear at a hearing or an adjourned hearing or upon the defendant’s trial or an appeal and surrender into custody and comply with such other conditions as are imposed for the defendant’s release on bail. s 6 def undertaking amd 1988 No. 105 s 6 (f) vary , when used in relation to bail, means impose further conditions after bail is granted, alter, amend or rescind conditions or alter the amount of bail. watch-house manager means a watch-house manager under the Police Powers and Responsibilities Act 2000 . s 6 def watch-house manager ins 2000 No. 5 s 461 sch 3 s 6 amd 1995 No. 58 s 4 sch 1 - (a) the community justice group established under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , part 4 , division 1 , for the community of a defendant who is an Aboriginal or Torres Strait Islander person; or - (b) a group of persons within the community of a defendant who is an Aboriginal or Torres Strait Islander person, other than a department of government, that is involved in the provision of any of the following— (i) information to a court about Aboriginal or Torres Strait Islander defendants; (ii) diversionary, interventionist or rehabilitation activities relating to Aboriginal or Torres Strait Islander defendants; (iii) other activities relating to local justice issues; or - (i) information to a court about Aboriginal or Torres Strait Islander defendants; - (ii) diversionary, interventionist or rehabilitation activities relating to Aboriginal or Torres Strait Islander defendants; - (iii) other activities relating to local justice issues; or - (c) a group of persons made up of elders or other respected persons of the defendant’s community. - (i) information to a court about Aboriginal or Torres Strait Islander defendants; - (ii) diversionary, interventionist or rehabilitation activities relating to Aboriginal or Torres Strait Islander defendants; - (iii) other activities relating to local justice issues; or - (a) a finding of guilt; - (b) a finding that a person is not guilty by reason of unsoundness of mind; - (c) a conviction of an offence for which an order is made— (ii) requiring the person to perform unpaid community service; or (iii) discharging the person absolutely or conditionally. - (ii) requiring the person to perform unpaid community service; or - (iii) discharging the person absolutely or conditionally. - (ii) requiring the person to perform unpaid community service; or - (iii) discharging the person absolutely or conditionally. - (a) a judge or justice, whether sitting in court or acting in another way; and - (b) a court exercising appellate jurisdiction; and - (c) a justice or justices conducting an examination of witnesses in relation to an indictable offence; and - (d) a justice acting under section 15A or conducting a bail proceeding by using video link facilities or audio link facilities under the Justices Act 1886 , part 6A . - (a) an urban community; or - (b) a rural community; or - (c) a community on DOGIT land under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 . - (a) in the case of the Supreme Court or the District Court—the registrar or any sheriff or deputy sheriff; or - (b) in the case of a Magistrates Court—the clerk of the court. - (a) on bail; or - (b) permitted to go at large without bail; - (a) a terrorism offence under the Crimes Act 1914 (Cwlth) ; or - (b) an offence against the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 (Cwlth) , sections 6 to 9 ; or - (c) an offence against the Terrorism (Community Protection) Act 2003 (Vic) , section 4B ; or - (d) an offence against the Crimes Act 1900 (NSW) , section 310J ; or - (e) an offence against the Criminal Law Consolidation Act 1935 (SA) , section 83CA ; or - (f) another offence against a provision of a law of the Commonwealth or another State if the provision— (i) is prescribed by regulation; and (ii) is in relation to an activity that involves a terrorist act, or is preparatory to the carrying out of an activity that involves a terrorist act. - (i) is prescribed by regulation; and - (ii) is in relation to an activity that involves a terrorist act, or is preparatory to the carrying out of an activity that involves a terrorist act. - (i) is prescribed by regulation; and - (ii) is in relation to an activity that involves a terrorist act, or is preparatory to the carrying out of an activity that involves a terrorist act.