3Interpretation

### 3 Interpretation > > (1)  In this Act, unless the contrary intention appears –[*\[Section 3 Subsection (1) amended by No. 4 of 2023, s. 27, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS27@EN) > > > > > [*\[Section 3 Subsection (1) amended by No. 4 of 2023, s. 27, Applied:25 Sep 2023\]*](/view/html/inforce/2023-09-25/act-2023-004#GS27@EN) ***Chief Psychiatrist*** has the same meaning as in the [Mental Health Act 2013](/view/html/inforce/2026-04-12/act-2013-002) ; > > > > > ***court*** means the Supreme Court, the Court of Criminal Appeal or a court of petty sessions; > > > > > ***custodial sentence***, in relation to an offender, means a sentence, imposed by a court, that requires the offender to serve a term of imprisonment, and includes any period of such a sentence during which the offender is eligible for parole or is on parole, but does not include a sentence of imprisonment that is wholly or partly suspended; > > > > > ***dangerous criminal*** means an offender in respect of whom a declaration is in force; > > > > > ***dangerous criminal offence***, in relation to an offender, means – > > > > > > > > (a) the crime, of which the offender has been convicted, that is specified in the application under [section 4(1)](#GS4@Gs1@EN) pursuant to which a declaration was made in relation to the offender; or > > > > > > > > > (b) where the offender is subject to a declaration to which [section 8(1)](#GS8@Gs1@EN) relates – the offence in relation to which a sentence of imprisonment was imposed on the offender in accordance with section 19(3) of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) , as in force before the day on which [Part 2](#HP2@EN) of this Act commences; or > > > > > > > > > (c) where the offender is subject to a declaration to which [section 8(2)](#GS8@Gs2@EN) relates – the offence in relation to which a sentence of imprisonment was imposed on the offender, pursuant to section 392(2) of the [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) , as in force immediately before the commencement of the [Sentencing Act 1997](/view/html/inforce/2026-04-12/act-1997-059) ; > > > > > ***DCS*** means the Director of Corrective Services; > > > > > ***declaration***, in relation to an offender, means – > > > > > > > > (a) a declaration under [section 7(1)](#GS7@Gs1@EN) that is in force in relation to the offender; and > > > > > > > > > (b) an instrument in writing that is, under [section 8(1)](#GS8@Gs1@EN) , taken to be a declaration made under [section 7(1)](#GS7@Gs1@EN) and that is in force in relation to the offender; and > > > > > > > > > (c) an instrument in writing that is, under [section 8(2)](#GS8@Gs2@EN) , taken to be a declaration made under [section 7(1)](#GS7@Gs1@EN) and that is in force in relation to the offender; > > > > > ***DPP*** means the Director of Public Prosecutions; > > > > > ***HRO order*** means a high risk offender order, made under [section 35(1)](#GS35@Gs1@EN) , that is in force; > > > > > ***interim HRO order*** means an interim high risk offender order, made under [section 37(1)](#GS37@Gs1@EN) , that is in force; > > > > > ***offender*** means a person whom a court has convicted of an offence; > > > > > ***pre-release order***, in relation to an offender, means an order, made under [section 13(3)](#GS13@Gs3@EN) or [(4)](#GS13@Gs4@EN) in relation to the offender, that is in force; > > > > > ***probation officer*** means a probation officer within the meaning of the [Corrections Act 1997](/view/html/inforce/2026-04-12/act-1997-051) ; > > > > > ***psychiatrist*** has the same meaning as in the [Mental Health Act 2013](/view/html/inforce/2026-04-12/act-2013-002) ; > > > > > ***psychologist*** means a person registered under the Health Practitioner Regulation National Law (Tasmania) in the psychology profession; > > > > > ***relevant custodial sentence***, in relation to an offender, means – > > > > > > > > (a) a custodial sentence, for the offender’s dangerous criminal offence, whether or not the sentence is being served concurrently with, or cumulatively on, another custodial sentence for another crime or offence; or > > > > > > > > > (b) a custodial sentence, for a crime or offence, that is being served cumulatively on a custodial sentence, that has been served, for the offender’s dangerous criminal offence, irrespective of when the first-mentioned sentence was imposed; or > > > > > > > > > (c) a custodial sentence, for another crime or offence, that is being served cumulatively on a custodial sentence referred to in [paragraph (b)](#GS3@Gs1@Nd2058111@Hpb@EN) that has been served, irrespective of when the first-mentioned sentence was imposed; > > > > > ***review application*** means an application made under [section 10(1)](#GS10@Gs1@EN) or [(3)](#GS10@Gs3@EN) ; > > > > > ***risk assessment committee*** means the high risk offenders assessment committee established by [section 26](#GS26@EN) ; > > > > [*\[Section 3 Subsection (1) amended by No. 23 of 2025, s. 4, Applied:27 Nov 2025\]*](/view/html/inforce/2025-11-27/act-2025-023#GS4@EN) > > > > > [*\[Section 3 Subsection (1) amended by No. 23 of 2025, s. 4, Applied:27 Nov 2025\]*](/view/html/inforce/2025-11-27/act-2025-023#GS4@EN) ***serious offence*** means – > > > > > > > > (a) an offence against a provision listed in [Schedule 1](#JS1@EN) ; or > > > > > > > > > (b) an offence of attempting to commit an offence against a provision listed in [Schedule 1](#JS1@EN) ; or > > > > > > > > > (c) an offence, against a provision of the law of this State, another State, a Territory or the Commonwealth, that is substantially the same as an offence listed in [Schedule 1](#JS1@EN) . > > > (2)  A reference in this Act to an offender serving a custodial sentence is a reference to an offender serving in the State a custodial sentence and includes a reference to the offender being on parole while serving such a sentence. > > > (3)  For the purposes of this Act, a custodial sentence in relation to an offender is not to be taken to expire when the offender is on parole.