3Interpretation

#### 3 Interpretation 3 Interpretation > > (1) In this Act— > > > > aggregate sentence of imprisonment—see section 53A. > > > > associate with means— > > > > > (a) to be in company with, or > > > > > (b) to communicate with by any means (including post, facsimile, telephone and email). > > > > authorised officer has the same meaning as it has in the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209). > > > > Commissioner means the Commissioner of Corrective Services, Department of Justice. > > > > community correction order means an order referred to in section 8. > > > > community corrections officer has the same meaning as it has in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > community service work has the same meaning as it has in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > community service work condition—see sections 73A and 89. > > > > compulsory drug treatment detention means detention in accordance with Part 4A of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > conditional release order means an order referred to in section 9. > > > > convicted inmate has the same meaning as it has in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > correctional centre has the same meaning as it has in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > correctional officer has the same meaning as it has in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > Corrective Services NSW has the same meaning as it has in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > court means— > > > > > (a) the Supreme Court, the Court of Criminal Appeal, the Land and Environment Court, the Industrial Relations Commission, the District Court or the Local Court, or > > > > > (b) any other court that, or person who, exercises criminal jurisdiction, > > > > but, subject to the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055), does not include the Children’s Court or any other court that, or person who, exercises the functions of the Children’s Court. > > > > detention centre has the same meaning as it has in the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057). > > > > domestic violence offence has the same meaning as it has in the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080). > > > > Drug Court means the Drug Court of New South Wales constituted under the [Drug Court Act 1998](/view/html/inforce/current/act-1998-150). > > > > exercise a function includes perform a duty. > > > > full-time detention means detention in a correctional centre. > > > > function includes a power, authority or duty. > > > > graffiti offence means an offence under the [Graffiti Control Act 2008](/view/html/inforce/current/act-2008-100). > > > > home detention means detention in accordance with Part 4 of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > home detention condition—see section 73A. > > > > inmate has the same meaning as it has in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > intensive correction has the same meaning as in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > intensive correction order means an order referred to in section 7. > > > > intervention plan has the same meaning as in the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209). > > > > intervention program has the same meaning as in the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209). > > > > intervention program order means an order referred to in section 10 (1) (c). > > > > juvenile justice officer has the same meaning as it has in the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057). > > > > juvenile justice officer means a juvenile justice officer employed in the Department of Justice. > > > > non-association order means an order referred to in section 17A (2) (a). > > > > non-parole period means a non-parole period referred to in section 44 (1). > > > > offender means a person whom a court has found guilty of an offence. > > > > Parole Authority means the State Parole Authority constituted by section 183 of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > person subject to control has the same meaning as it has in the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057). > > > > place restriction order means an order referred to in section 17A (2) (b). > > > > proceed to a conviction includes record a conviction. > > > > sentence means— > > > > > (a) when used as a noun, the penalty imposed for an offence, and > > > > > (b) when used as a verb, to impose a penalty for an offence. > > > > Sentencing Council means the New South Wales Sentencing Council constituted under Part 8B. > > > > sentencing court, in relation to an offender undergoing a penalty imposed by a court, means the court by which the penalty was imposed. > > > > supervision condition—see sections 73, 89 and 99. > > > > 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) In this Act— > > > > > (a) a reference to a sentence of imprisonment to which an offender is subject includes a reference to a sentence that has been imposed but is yet to commence, and > > > > > (b) a reference to the term of a sentence of imprisonment is, if the term is varied under this or any other Act, a reference to the term as so varied, and > > > > > (c) a reference to a non-parole period of a sentence of imprisonment is, if the period is varied under this or any other Act, a reference to the period as so varied, and > > > > > (d) a reference to a court that has sentenced an offender, made an order or given a direction includes a reference to the same court differently constituted, and > > > > > (e) a reference to a condition that a person not commit any offence is a reference to any offence whether committed in New South Wales or in any other State or Territory, and > > > > > (f) a reference to an obligation that a person not commit any offence is a reference to any offence whether committed in New South Wales or in any other State or Territory. > > > (3) Notes in the text of this Act do not form part of this Act. > > **s 3:** Am 2001 No 100, Sch 1.1 \[1\]; 2001 No 121, Sch 2.75 \[1\] \[2\]; 2002 No 90, Sch 3.2 \[1\] \[2\]; 2002 No 100, Sch 3 \[1\]; 2002 No 130, Sch 5 \[1\]; 2004 No 42, Sch 2 \[1\]; 2007 No 94, Schs 1.27 \[1\] \[2\], 2; 2010 No 48, Sch 1 \[1\]–\[4\]; 2010 No 136, Sch 2 \[1\]; 2012 No 57, Sch 1.2 \[1\]; 2015 No 15, Sch 3.17 \[1\]; 2017 No 53, Sch 1 \[1\]–\[3\]; 2018 No 87, Sch 1.13 \[1\]; 2020 No 26, Sch 1.7.