7 Definitions
(1) In this Act:
another participating jurisdiction means:
(a) South Australia; or
(b) Western Australia.
appropriate modifications:
(a) of a law of the Territory – see section 13; or
(b) of a law of another participating jurisdiction – means
appropriate modifications of the law under the jurisdiction's
cross-border laws.
arrest includes to apprehend and to take into custody.
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authorised officer, of a participating jurisdiction, means:
(a) a police officer of the jurisdiction; or
(b) an office holder of the jurisdiction prescribed by regulation.
bring up order, of a participating jurisdiction, means:
(ii) an order made under section 102 of this Act; or
(iii) another order made under the law of the Territory
directing that a person who is in custody be brought
before a judicial body as defined in section 102(5); or
(b) for another participating jurisdiction – a bring up order of the
carry out, an order, includes to comply with the requirements of,
and to perform the obligations under, the order.
connection with a cross-border region, see Part 2, Division 2.
community corrections officer, of a participating jurisdiction,
(i) a probation and parole officer as defined in section 4 of
the Correctional Services Act 2014; or
(iii) a juvenile justice officer for the Territory; or
(b) for another participating jurisdiction – a community corrections
officer of the other jurisdiction under its cross-border laws.
Note
court document, of a prescribed court of a participating
jurisdiction, means a document that is filed, served or issued in a
cross-border proceeding of the court.
cross-border jurisdiction, of a prescribed court of a participating
jurisdiction, means the court's jurisdiction in relation to a
cross-border proceeding of the court.
cross-border laws, of a participating jurisdiction, see section 8.
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cross-border proceeding, of a prescribed court of a participating
jurisdiction, means:
(a) for a prescribed court of the Territory – a proceeding of the
court mentioned in section 68(2) that may be heard and
determined by the court in another participating jurisdiction
under section 68(1); or
(b) for a prescribed court of another participating jurisdiction – a
cross-border proceeding of that court under the jurisdiction's
cross-border laws.
cross-border region, see section 19.
custodial order, of a participating jurisdiction, means:
(i) a warrant of commitment issued under section 98; or
(ii) a remand warrant issued under section 100; or
(iii) a bring up order of the Territory; or
(b) for another participating jurisdiction – a custodial order of the
detention centre, in a participating jurisdiction, means:
(a) for the Territory – a detention centre as defined in section 5(1)
of the Youth Justice Act 2005; or
(b) for another participating jurisdiction – a detention centre in the
drink or drug-driving laws, of a participating jurisdiction, means
the provisions of the law of the jurisdiction relating to a person
driving or attempting to drive a vehicle:
(a) while under the influence of or impaired by alcohol, drugs or
both; or
(b) while alcohol, drugs or both are present in the person's oral
fluid or blood.
Note
This definition is affected by subsection (2).
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drink or drug-driving offence, under the law of a participating
jurisdiction, means an offence under the law of the jurisdiction the
elements of which include a person driving or attempting to drive a
vehicle:
(a) while under the influence of or impaired by alcohol, drugs or
both; or
(b) while alcohol, drugs or both are present in the person's oral
fluid or blood.
Note
This definition is affected by subsection (2).
exercise, a power, includes to perform a function or duty.
file, a document, includes lodge the document.
forfeiture includes confiscation.
juvenile justice officer, of a participating jurisdiction, means:
(a) for the Territory – a community youth justice officer as defined
in section 5(1) of the Youth Justice Act 2005; or
(b) for another participating jurisdiction – a juvenile justice officer
of the jurisdiction under its cross-border laws.
Local Court Judge, for the Territory, means a Local Court Judge
of the Territory.
magistrate, for another participating jurisdiction, means a
magistrate of the jurisdiction under its cross-border laws.
Note for definition magistrate
non-custodial order, of a participating jurisdiction, means:
(i) a sentence imposed on, or an order made against, a
person in relation to an offence or alleged offence under
the law of the Territory, other than a sentence or order
requiring the person to be kept in custody or to pay a
fine; or
(ii) a community work order made under section 77 of the
Fines and Penalties (Recovery) Act 2001; or
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(iii) an order prescribed by regulation; or
(b) for another participating jurisdiction – a non-custodial order of
the jurisdiction under its cross-border laws.
NT/SA region means a cross-border region straddling the
Territory's border with South Australia.
NT/SA/WA region means a cross-border region straddling the
Territory's borders with South Australia and Western Australia.
NT/WA region means a cross-border region straddling the
Territory's border with Western Australia.
office holder, of a participating jurisdiction, means:
(a) for the Territory – a person who holds an office under the law
of the Territory; or
(b) for another participating jurisdiction – a person who holds an
office under the law of the jurisdiction.
Note
This definition is affected by sections 9 and 10.
participating jurisdiction means:
(a) the Territory; or
(b) another participating jurisdiction.
police officer, of a participating jurisdiction, means:
(a) for the Territory – a member of the Police Force appointed or
holding office under the Police Administration Act 1978; or
(b) for another participating jurisdiction – a police officer of the
Note
power includes a function and a duty.
preliminary alcohol or drug test, under a participating
jurisdiction's drink or drug-driving laws, means a test that may be
conducted under the laws for providing a preliminary indication of
whether or not alcohol, drugs or both are present in the blood of the
driver or person in charge of a vehicle.
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prescribed court, of a participating jurisdiction, means:
(i) for the Local Court; or
(ii) for the Youth Justice Court; or
(b) for another participating jurisdiction – a prescribed court of the
prison, in a participating jurisdiction, means:
(a) for the Territory – a custodial correctional facility as defined in
section 11(1)(a) of the Correctional Services Act 2014; or
(b) for another participating jurisdiction – a prison in the
registrar, of a prescribed court of a participating jurisdiction,
(i) for the Local Court – a registrar as defined in section 3 of
the Local Court Act 2015; or
(ii) for the Youth Justice Court – a person who holds office
as a Registrar of the Court; or
(b) for a prescribed court of another participating jurisdiction – a
registrar of the court under the jurisdiction's cross-border laws.
remand facility, in a participating jurisdiction, means a police
station, lock-up, prison, detention centre or other place in the
jurisdiction in which persons on remand may be kept in custody.
restraining order, of a participating jurisdiction, means:
(i) a court DVO or police DVO as defined in section 4 of the
Domestic and Family Violence Act 2007; or
(ii) a personal violence restraining order under the Personal
Violence Restraining Orders Act 2016; or
(b) for another participating jurisdiction – a restraining order of the
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restraining orders laws, of a participating jurisdiction, means:
(i) the Domestic and Family Violence Act 2007; or
(ii) the Personal Violence Restraining Orders Act 2016; or
(b) for another participating jurisdiction – the restraining orders
laws of the jurisdiction under its cross-border laws.
secondary office, see section 128(2).
secondary office holder, see section 128(1).
subsidiary legislation, of a participating jurisdiction, means:
(a) for the Territory – subordinate legislation as defined in
section 17 of the Interpretation Act 1978; or
(b) for another participating jurisdiction – an instrument made
under any written law of the other jurisdiction and having
legislative effect.
take action means to do an act or make an omission.
vehicle impounding laws, of a participating jurisdiction, means the
provisions of the law of the jurisdiction relating to the impounding or
forfeiture of vehicles used in connection with driving offences under
the law.
vehicle or driver licensing laws, of a participating jurisdiction,
means the provisions of the law of the jurisdiction relating to the
licensing of vehicles or drivers.
written law, of a participating jurisdiction, means an Act or
subsidiary legislation of the jurisdiction for the time being in force.
Note for subsection (1)
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
(2) In paragraph (b) of the definitions drink or drug-driving laws and
drink or drug-driving offence, the reference to the presence of
alcohol in a person's oral fluid or blood includes a reference to the
presence of a quantity of alcohol in the person's oral fluid or blood
that equals or exceeds a specified quantity.