4Definitions

#### 4 Definitions 4 Definitions > > (1) In this Act— > > > > accommodation requirement—see section 28. > > > > accompaniment requirement—see section 28A. > > > > accused person or person accused of an offence includes the following— > > > > > (a) a person who has been charged with or convicted of an offence, > > > > > (b) a person whose conviction for an offence is stayed, > > > > > (c) a person in respect of whom proceedings on an appeal against conviction or sentence for the offence are pending, > > > > > (d) a person in respect of whom a new trial has been ordered to be held for an offence. > > > > apprehended violence order has the same meaning as it has in the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080). > > > > authorised justice means— > > > > > (a) a registrar of the Local Court, or > > > > > (a1) a Children’s Registrar, or other Registrar of the Children’s Court, under the [Children’s Court Act 1987](/view/html/inforce/current/act-1987-053), or > > > > > (b) an officer of the Department of Attorney General and Justice who is declared, by order of the Minister, whether by reference to his or her name or office, to be an authorised justice for the purposes of this Act, or > > > > > (c) a person, or member of a class of persons, declared by the regulations to be an authorised justice for the purposes of this Act. > > > > bail—see section 7. > > > > bail acknowledgment means the bail acknowledgment for a decision to grant bail given to the accused person under section 33. > > > > bail application means— > > > > > (a) a release application, or > > > > > (b) a detention application, or > > > > > (c) a variation application. > > > > bail authority means a police officer or a court. > > > > bail concern—see section 17. > > > > bail condition means a condition of bail. > > > > bail decision—see section 8. > > > > bail guarantor means any person who enters into a bail security agreement, other than the accused person granted bail. > > > > bail money means money agreed to be forfeited under a bail security agreement. > > > > bail security means security for the payment of bail money deposited with a bail authority. > > > > bail security agreement means an agreement entered into, or required to be entered into, under a security requirement of a bail condition (whether by the accused person or by any other person). > > > > character acknowledgment—see section 27. > > > > child means a person under the age of 18 years. > > > > Commonwealth Criminal Code means the [Criminal Code](http://www.legislation.gov.au/) set out in the Schedule to the [Criminal Code Act 1995](http://www.legislation.gov.au/) of the Commonwealth. > > > > community service order means a community service order under the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) or a children’s community service order under the [Children (Community Service Orders) Act 1987](/view/html/inforce/current/act-1987-056). > > > > conclusion of proceedings—see section 6. > > > > conduct requirement—see section 25. > > > > conviction includes a finding of guilt. > > > > correctional centre means a correctional centre within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093) and includes a detention centre within the meaning of that Act (subject to the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057)). > > > > court means— > > > > > (a) the Court of Criminal Appeal, the Supreme Court, the Land and Environment Court, the Industrial Court, the District Court or the Local Court, or > > > > > (b) any other court which, or person who, exercises criminal jurisdiction. > > > > detention application—see section 50. > > > > domestic violence offence has the same meaning as in the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080). > > > > enforcement condition—see section 30. > > > > fail to appear offence means an offence against section 79. > > > > fine-only offence means an offence not punishable by a sentence of imprisonment. > > > > first appearance means a first appearance of an accused person before a court or authorised justice in proceedings for an offence. > > > > function includes a power, authority or duty and exercise a function includes perform a duty. > > > > intimate partner, of a person (the first person), means a person who— > > > > > (a) is or has been married to the first person, or > > > > > (b) is or has been a de facto partner of the first person, or > > > > > > Note— > > > > > > “De facto partner” is defined in the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), section 21C. > > > > > (c) has or has had an intimate personal relationship with the first person, whether or not the intimate relationship involves or has involved a relationship of a sexual nature. > > > > intoxicated person means a person who appears to be seriously affected by alcohol or another drug or a combination of drugs. > > > > Local Court includes the Children’s Court exercising jurisdiction under the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055). > > > > non-association and place restriction order means a non-association order or a place restriction order under section 17A (2) of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) or section 33D (2) of the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055). > > > > offence includes an alleged offence. > > > > personal violence offence means a personal violence offence of a kind referred to in section 4 (a) of the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080). > > > > pre-release requirement—see section 29. > > > > proceedings for an offence—see section 5. > > > > proceedings on an appeal against conviction or sentence—see section 5 (2). > > > > release application—see section 49. > > > > security requirement—see section 26. > > > > serious domestic violence offence means— > > > > > (a) an offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), Part 3 with a maximum penalty of 14 years imprisonment or more if the offence is committed by a person against an intimate partner, or > > > > > (b) an offence under a law of the Commonwealth, another State or Territory or another jurisdiction that is similar to an offence under that part. > > > > show cause offence—see section 16B. > > > > substantive proceedings for an offence—see section 5 (3). > > > > supervision order means an extended supervision order or an interim supervision order under the [Crimes (High Risk Offenders) Act 2006](/view/html/inforce/current/act-2006-007) or the [Terrorism (High Risk Offenders) Act 2017](/view/html/inforce/current/act-2017-068). > > > > terrorist act has the same meaning as it has in Part 5.3 of the Commonwealth Criminal Code. > > > > unacceptable risk—see section 19. > > > > variation application—see section 51. > > > > victim of an offence includes an alleged victim of an offence. > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) A reference in this Act to a person charged with an offence includes a reference to a person who has been issued with a court attendance notice for the offence under the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209). > > > (3) In this Act, a power to vary a bail decision includes— > > > > > (a) a power to revoke the bail decision and substitute a new bail decision, and > > > > > (b) a power to vary bail conditions. > > > (4) In this Act, a power to vary bail conditions includes— > > > > > (a) a power to revoke a bail condition, and > > > > > (b) a power to revoke a bail condition and substitute a new bail condition, and > > > > > (c) a power to impose a new bail condition. > > > (5) Notes in this Act do not form part of this Act. > > **s 4:** Am 2014 No 52, Sch 1 \[3\] \[4\]; 2015 No 44, Schs 1 \[1\], 2 \[1\]; 2016 No 54, Sch 1.1 \[1\]; 2016 No 48, Sch 2.3 \[1\]; 2017 No 68, Sch 2.1; 2020 No 31, Sch 1.1\[1\] \[2\]; 2023 No 39, Sch 1\[1\]; 2023 No 41, Sch 2.3\[1\]; 2024 No 30, Sch 1\[1\]; 2025 No 61, Sch 3.1\[1\].