3Definitions

3 Definitions

3 Definitions

(1) In this Act—

acquittal includes—

(a) an acquittal in appeal proceedings in respect of an offence, and

(b) an acquittal at the direction of a court.

appeal court means the court to which an appeal or application for leave to appeal may be made under Part 3, 4 or 5.

appellant, in relation to proceedings on an application for leave to appeal, includes the applicant in those proceedings.

defendant, in relation to proceedings from which an appeal or application for leave to appeal is made, means the person against whom those proceedings have been taken.

environmental offence means an offence for which summary proceedings may be taken before the Land and Environment Court, whether or not summary proceedings for such an offence may also be taken before any other court, and includes any offence arising under the environment protection legislation within the meaning of the Protection of the Environment Administration Act 1991.

exercise a function includes perform a duty.

fresh evidence, in relation to appeal proceedings, means evidence in addition to or in substitution for the evidence given in the proceedings from which the appeal proceedings have arisen.

function includes a power, authority or duty.

Local Court includes—

(a) a Children’s Court constituted under the Children’s Court Act 1987, and

(b), (c) (Repealed)

(d) any court that is constituted by a Judge of the Local Court and that exercises criminal jurisdiction, and

(e) any Judge of the Local Court or court that exercises any function or jurisdiction under Chapter 3 (Part 3 excepted), Chapter 4 (Part 5 excepted) or Chapter 5 of the Criminal Procedure Act 1986.

Natural Resources Access Regulator means the Natural Resources Access Regulator constituted by the Natural Resources Access Regulator Act 2017, section 4.

original Local Court proceedings means the proceedings in the Local Court that involved the making or imposition of a conviction, sentence or order from which the proceedings under this Act arise.