ACTIn ForceAct
Crimes (Sentence Administration) Act 2005
217Definitions—pt 11.1
Start here
Get a plain-English read of 217
Turn the raw legal text into a practical explanation grounded in Crimes (Sentence Administration) Act 2005.
217 Definitions—pt 11.1
ACT prisoner means a person subject to an ACT sentence of
imprisonment, but does not include a person subject to a
commonwealth sentence of imprisonment.
ACT sentence of imprisonment means a sentence of imprisonment
for an offence against an ACT law, and includes—
(a) a sentence under which default imprisonment is ordered; and
(b) an indeterminate sentence; and
(c) a translated sentence.
arrest warrant, for a person, means a warrant to apprehend or arrest
the person or commit the person to prison, except—
(a) a warrant under which the term of imprisonment that the person
is liable to serve is default imprisonment; or
(b) a warrant to secure the attendance of the person.
commonwealth sentence of imprisonment means a sentence of
imprisonment for an offence against a law of the Commonwealth or
a non-participating territory.
corresponding ACT court, in relation to a court of a participating
state, means an ACT court declared under section 221 (Interstate
transfer—corresponding courts and interstate laws) to be a
corresponding court in relation to the participating state court.
corresponding Minister, of a participating state, means the Minister
of the State responsible for the administration of the State’s interstate
law.
default imprisonment means imprisonment in default of—
(a) payment of any fine, penalty, costs or other amount of money of
any kind imposed or ordered to be paid by a court, judge,
magistrate or justice of the peace; or
(b) entering into a bond or recognisance to be of good behaviour or
keep the peace.
Governor, of a participating state, means—
(a) for a State other than the Northern Territory—the State’s
Governor or anyone exercising the functions of the Governor;
or
(b) for the Northern Territory—the Administrator of the Northern
Territory or anyone exercising the functions of the
Administrator.
indeterminate sentence means a sentence of, or order or direction for,
imprisonment or detention—
(a) for life; or
(b) during the pleasure of—
(i) the Governor-General; or
(ii) the Governor of a participating state;
and includes such a sentence, order or direction resulting from the
operation of any law.
interstate law means a law declared under section 221 (Interstate
transfer—corresponding courts and interstate laws) to be an interstate
law for this part.
interstate sentence of imprisonment means—
(a) a state sentence of imprisonment within the meaning of an
interstate law; or
(b) for the Northern Territory—a territory sentence of
imprisonment within the meaning of the Prisoners (Interstate
Transfer) Act 1983 (NT).
joint prisoner means a person subject to both—
(a) an ACT sentence of imprisonment or an interstate sentence of
(b) a commonwealth sentence of imprisonment.
non-participating territory means an external territory or the Jervis
Bay Territory.
order of transfer means an order issued under any of the following
provisions for the transfer of a prisoner to a participating state or
non-participating territory:
(a) section 222 (Interstate transfer—requests from ACT and joint
prisoners for transfer to participating state);
(b) section 223 (Interstate transfer—requests from ACT and joint
prisoners for transfer to non-participating territory);
(c) section 231 (Interstate transfer—order of transfer);
(d) section 232 (8) (Interstate transfer—review of Magistrates Court
decision);
(e) section 237 (1) (Interstate transfer—return of prisoner to
participating state).
participating state means a State in which an interstate law is in force.
prison means—
(a) a correctional centre; or
(b) a police lockup in the ACT.
prisoner means an ACT prisoner or joint prisoner.
prison officer means—
(a) a person appointed or employed to assist in the management of
a prison; or
(b) an escort officer.
release on parole includes—
(a) release on probation; and
(b) any other form of conditional release in the nature of parole.
relevant security, in relation to a person, means a security given by
the person—
(a) with or without sureties; and
(b) by bond, recognisance or otherwise; and
(c) to the effect that the person will comply with conditions relating
to the person’s behaviour.
remission instrument means an instrument of remission under
section 313 (Remission of penalties).
sentence of imprisonment—see section 218.
subject to a sentence of imprisonment—see section 219.
translated sentence means a sentence of imprisonment that is taken
under section 243 (Interstate transfer—translated sentences) to have
been imposed on a person by an ACT court.