42CDefinitions

42C Definitions In this Part— S. 42C def. of *accused* *person* substituted as *accused* by No. 68/2009 s. 97(Sch. item 54.19(a)). ***accused*** has the same meaning as in the **Criminal Procedure Act 2009**; S. 42C def. of *appear* inserted by No. 68/2009 s. 97(Sch. item 54.19(d)). ***appear*** includes attend; ***appropriate persons*** means persons that the court considers to be appropriate in the particular case; ***audio link*** means facilities (including telephone) that enable audio communication between persons at different places; ***audio visual link*** means facilities (including closed-circuit television) that enable audio and visual communication between persons at different places; S. 42C def. of *child* amended by Nos 72/2004 s. 41, 48/2006 s. 42(Sch. item 13.2), 68/2009 s. 97(Sch. item 54.19(b)). ***child*** means— (a) in the case of a person who— (i) has been taken into custody for an offence and is required to be brought before the Children's Court; or (ii) is a party to a proceeding in the Children's Court; or (iii) is the subject of an application made to, or order made by, the Children's Court— a person who is a child within the meaning of the **Children, Youth and Families Act 2005**; and (b) a person in respect of whom a sentence within the meaning of the **Children, Youth and Families Act 2005** is in force who is required to appear before the Children's Court under the terms of that order or in respect of a breach of that order or on an application for the variation or revocation of that order; and (c) a person who is the subject of an appeal to the Supreme Court or the County Court made under the **Children, Youth and Families Act 2005**; and (d) in any other case—a person who is under the age of 18 years; S. 42C def. of *court point* amended by No. 11/2021 s. 4(b). ***court point*** means the courtroom or any other place or places where the court is sitting; S. 42C def. of *exceptional circum-stances* inserted by No. 11/2021 s. 4(a), amended by No. 53/2021 s. 27. ***exceptional circumstances*** includes, but is not limited to— (a) a state of emergency declared under section 198 of the **Public Health and Wellbeing Act 2008** in an area where an accused is required to appear before a court or required to transit through in order to appear before a court; or (ab) a pandemic declaration made under section 165AB of the **Public Health and Wellbeing Act 2008** in an area where an accused is required to appear before a court or required to transit through in order to appear before a court; or (b) a state of disaster declared under section 23 of the **Emergency Management Act 1986** in an area where an accused is required to appear before a court or required to transit through in order to appear before a court; S. 42C def. of *head of jurisdiction* inserted by No. 11/2021 s. 4(a). ***head of jurisdiction***— (a) in relation to the Supreme Court, means the Chief Justice; and (b) in relation to the County Court, means the Chief Judge; and (c) in relation to the Magistrates' Court, means the Chief Magistrate; and (d) in relation to the Children's Court, means the President; S. 42C def. of *practice directions* amended by No. 11/2021 s. 4(c). ***practice directions*** means practice directions, statements or notes issued under section 42UA; S. 42C def. of *remote point* amended by No. 68/2009 s. 97(Sch. item 54.19(c)), substituted by No. 11/2021 s. 4(d). ***remote point*** means a place where— (a) a person appearing before the court, giving evidence or making a submission is located; or (b) if Division 3 applies, the accused is located; ***victim***, in relation to an offence, means a person who, or body that, has suffered injury, loss or damage as a direct result of the offence. Division 2—Persons other than accused S. 42D inserted by No. 4/1997 s. 3, amended by No. 68/2009 s. 97(Sch. item 54.20).