165Definitions and application

#### 165 Definitions and application 165 Definitions and application > > (1) In this Part— > > > > back up offence, in relation to an indictable offence, means an offence— > > > > > (a) that is— > > > > > > > (i) a summary offence, or > > > > > > > (ii) an indictable offence that is capable of being dealt with summarily by the Local Court in accordance with the provisions of Chapter 5, and > > > > > (b) all the elements of which are elements that are necessary to constitute the first indictable offence, and > > > > > (c) that is to be prosecuted on the same facts as the first indictable offence. > > > > court means the Supreme Court or District Court. > > > > related offence, in relation to an indictable offence, means an offence— > > > > > (a) that is— > > > > > > > (i) a summary offence, or > > > > > > > (ii) an indictable offence that is capable of being dealt with summarily by the Local Court in accordance with the provisions of Chapter 5, and > > > > > (b) that arises from substantially the same circumstances as those from which the first indictable offence has arisen, > > > > but does not include a back up offence. > > > (2) This Part extends to proceedings commenced, but not concluded, before the commencement of this Part. > > **s 165 (previously s 35):** Renumbered 2001 No 119, Sch 1 \[77\]. Am 2001 No 119, Sch 1 \[78\]; 2007 No 94, Sch 2.