3Interpretation

3 Interpretation (1) In this Act: ancillary provision, of a conduct agreement, see section 27A(2A). appeal means an appeal made under: (a) Division 2 of Part VI of the Local Court (Criminal Procedure) Act 1928; or (b) section 144 of the Youth Justice Act 2005; or (c) section 10 of the Parole Act 1971; or (d) Division 2 of Part X of the Criminal Code; or (e) Part III of the Supreme Court Act 1979. approved monitoring device: (a) in relation to a youth – see section 5(1) of the Youth Justice Act 2005; or (b) otherwise – see section 165 of the Correctional Services Act 2014. Bail Act 1982 2 approved police monitoring device means a police monitoring device approved under section 52B. authorised member, in relation to a person in custody, means a police officer who may, under Part 3, grant bail to the person. bail means authorisation under this Act: (a) to be at liberty instead of in custody; or (b) to be released from the obligation to comply with a non-custodial order. bail condition means a condition imposed under section 27. bail offence means an offence against section 37B(1) or (2). bail undertaking means an undertaking given under section 25. CEO (Youth Justice) means the Chief Executive Officer (as defined in section 19 of the Public Sector Employment and Management Act 1993) of the Agency responsible for youth justice. child means a person under the age of 18 years. Commonwealth sexual offence means an indictable offence against the law of the Commonwealth of which an element is: (a) sexual intercourse or sexual penetration; or (b) an indecent act or an act of a sexual nature; or (c) sexual slavery, sexual servitude or any other form of sexual exploitation; or (d) encouraging, or benefiting from, child sex tourism; or (e) production, communication, use, or any other act involving, pornographic material; or (f) an attempt to commit, an act of procuring, or any other act preparatory to the commission of, any of the above. community youth justice officer, see section 5(1) of the Youth Justice Act 2005. conduct agreement, see section 27(2)(a). Bail Act 1982 3 conviction includes a finding of guilt and, without limiting the foregoing part of this definition, includes the making of an order under: (a) section 4 of the Criminal Law (Conditional Release of Offenders) Act 1971 (repealed); and (b) section 26(2)(b) of the Child Welfare Act 1958 (repealed); and (c) section 75(2) of the Justices Act 1928 (repealed). court means: (a) the Supreme Court; or (b) the Local Court; or (d) a Supreme Court Judge, Local Court Judge or justice of the peace not sitting as a court. Note for definition court See also section 3AA. domestic violence, see section 5 of the Domestic and Family Violence Act 2007. domestic violence order, see section 4 of the Domestic and Family Violence Act 2007. offence includes: (a) a failure to comply with a condition of a parole order made under section 5A of the Parole Act 1971; and (b) a failure to comply with a condition to which an order made under section 5(1)(a) of the Criminal Law (Conditional Release of Offenders) Act 1971 is subject. original offence means the offence mentioned in section 37B(1)(a) or (2)(a). police monitoring device means an electronic device that can: (a) be worn by, or attached to, an accused person who has entered into a conduct agreement; and (b) monitor the accused person's location. pornographic material means material of an indecent, sadistic, sadomasochistic or abusive character (including material related to child abuse). Bail Act 1982 4 prescribed offence, see section 3B. probation and parole officer, see section 4 of the Correctional Services Act 2014. serious offence means an offence punishable by imprisonment for 5 or more years. serious sexual offence, see section 3A. serious violence offence means: (a) an offence against any of the following provisions of the Criminal Code that is punishable by imprisonment for 5 or more years: (i) Part V, Division 2; (ii) Part VI, Divisions 3 to 6A; (iii) Part VIA; (iv) section 218; (v) another provision prescribed by regulation; or (ab) an offence against section 211 or 212 of the Criminal Code, as in force immediately before the commencement of section 10 of the Criminal Code Amendment (Property Offences) Act 2022; or (b) an offence against Part V, Division 2 or Part VI, Division 5 of the Criminal Code, as in force before the commencement of