5Definitions

#### 5 Definitions 5 Definitions > > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— > > > > arrest warrant means a warrant to apprehend, a warrant to arrest or a warrant to commit a person to prison, but does not include— > > > > > (a) such a warrant, where the term of imprisonment which the person to be apprehended, arrested or committed under the warrant is liable to serve is default imprisonment, or > > > > > (b) a warrant to secure the attendance of a witness. > > > > Attorney-General, in relation to the Northern Territory, means the person holding Ministerial office under section 36 of the [Northern Territory (Self-Government) Act 1978](http://www.legislation.gov.au/) of the Commonwealth who is, under that Act, designated for the time being as the holder of the office of Attorney-General. > > > > Commonwealth sentence of imprisonment means a sentence of imprisonment for an offence against a law of the Commonwealth or of a Territory. > > > > corresponding court of New South Wales, in relation to a court of a participating State, means a court of New South Wales that is, under an order in force under section 6 (1), declared to be a corresponding court in relation to the court of the participating State. > > > > corresponding Minister, in relation to a participating State, means the Minister of that State who is responsible for the administration of the interstate law of that State. > > > > default imprisonment means imprisonment in default of— > > > > > (a) payment of any fine, penalty, costs or other sum of money of any kind imposed or ordered to be paid by any court, judge or justice, or > > > > > (b) entering into a recognizance to keep the peace or to be of good behaviour. > > > > gaoler has the same meaning as governor has in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > indeterminate sentence means a sentence of or order or direction for imprisonment or detention for life or during the pleasure of Her Majesty or during the pleasure of the Governor-General, the Governor or the Governor of a participating State, and includes such a sentence, order or direction imposed, made or given by, or by the operation of, an Act or other law. > > > > interstate law means a law that, under an order in force under section 6 (1), is declared to be an interstate law for the purposes of this Act. > > > > joint prisoner means a person on whom both— > > > > > (a) any one of the following— > > > > > > > (i) a State sentence of imprisonment, > > > > > > > (ii) a State sentence of imprisonment as defined by an interstate law, > > > > > > > (iii) an ACT sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act 1993 of the Australian Capital Territory, > > > > > > > (iv) a Territory sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act 1983 of the Northern Territory, and > > > > > (b) a Commonwealth sentence of imprisonment, > > > > have been imposed. > > > > justice means justice of the peace. > > > > local prisons authority means— > > > > > (a) in relation to New South Wales, the Commissioner of Corrective Services, or > > > > > (b) in relation to a participating State other than New South Wales, the local prisons authority for that State within the meaning of the interstate law of that State, or > > > > > (c) in relation to a Territory, the local prisons authority for that Territory within the meaning of the [Transfer of Prisoners Act 1983](http://www.legislation.gov.au/) of the Commonwealth. > > > > order of transfer means an order issued under section 7, 15, 16 (6) or 20 for the transfer of a prisoner to a participating State. > > > > participating State means a State in which an interstate law is in force. > > > > prison has the same meaning as correctional centre has in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > prison officer has the same meaning as correctional officer has in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > prisoner means a State prisoner or a joint prisoner. > > > > relevant security, in relation to a person, means a security given by the person, with or without sureties, by recognizance or otherwise, that the person will comply with conditions relating to the person’s behaviour. > > > > sentence of imprisonment means— > > > > > (a) a State sentence of imprisonment, or > > > > > (b) a State sentence of imprisonment as defined by an interstate law, or > > > > > (c) an ACT sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act 1993 of the Australian Capital Territory, or > > > > > (d) a Territory sentence of imprisonment as defined by the Prisoners (Interstate Transfer) Act 1983 of the Northern Territory, or > > > > > (e) where relevant, a Commonwealth sentence of imprisonment. > > > > State includes the Australian Capital Territory and the Northern Territory. > > > > State prisoner means a person upon whom a State sentence of imprisonment has been imposed, but does not include a person upon whom a Commonwealth sentence of imprisonment has been imposed. > > > > State sentence of imprisonment means a sentence of imprisonment for an offence against a law of New South Wales, including a sentence by which default imprisonment is ordered, an indeterminate sentence and a translated sentence, but not including such a sentence while it is being served in a detention centre within the meaning of the [Children (Detention Centres) Act 1987](/view/html/inforce/current/act-1987-057) or detention under any Act relating to the punishment of persons who committed offences when they were under the age of 18 years. > > > > Territory means the Territory of Norfolk Island, the Territory of Christmas Island, the Territory of the Cocos (Keeling) Islands or the Jervis Bay Territory. > > > > translated sentence means a sentence of imprisonment deemed by section 27 to have been imposed on a person by a court of New South Wales. > > > (2) Where a justice of a participating State, in the exercise of the justice’s powers, issues a warrant of commitment while not constituting a court, the sentence of imprisonment imposed by the warrant shall, for the purposes of this Act, be deemed to have been imposed by a court. > > > (3) For the purposes of this Act, a sentence of imprisonment imposed, or originally imposed, by, or by the operation of, an Act or other law of a State or Territory shall, except as prescribed by regulations under this Act, be deemed to have been imposed, or originally imposed, by a court of that State or Territory. > > > (4) A reference in this Act to an Act of the Commonwealth includes a reference to an Act amending or replacing that Act. > > > (5) In the case of a State other than the Australian Capital Territory or the Northern Territory, a reference in this Act to the Governor of a participating State includes a reference to any person exercising and performing all the powers and functions of the Governor of that State. > > > (5A) In the case of the Australian Capital Territory— > > > > > (a) the reference in section 28 (4) to the Governor of the participating State is a reference to the Governor-General, and > > > > > (b) the references in section 28 (5) (b) to the Governor of the participating State are references to the Governor-General or to the Executive within the meaning of the [Australian Capital Territory (Self-Government) Act 1988](http://www.legislation.gov.au/) of the Commonwealth. > > > (5B) In the case of the Northern Territory, a reference in this Act to the Governor of a participating State (or of the participating State) is a reference to the Administrator of the Northern Territory, and includes a reference to any person exercising all the powers and functions of the Administrator. > > > (5C) A reference in this Act to the Governor-General includes a reference to any person exercising and performing all the powers and functions of the Governor-General. > > > (6) A reference in this Act to a person upon whom a sentence of imprisonment has been imposed does not include a reference to a person who has completed serving that sentence. > > > (7) The following persons upon whom a sentence of imprisonment has been imposed shall be taken, for the purposes of this Act, to have completed serving that sentence— > > > > > (a) a person— > > > > > > > (i) who has been released from serving a part of that sentence on parole or upon licence to be at large, and > > > > > > > (ii) in respect of whom action can no longer be taken under a law of the Commonwealth, a State or a Territory by way of requiring the person to serve the whole or a part of the remainder of that sentence, > > > > > (b) a person— > > > > > > > (i) who has been released from serving the whole or a part of that sentence upon giving a relevant security, and > > > > > > > (ii) in relation to whom— > > > > > > > > > (A) action can no longer be taken under a law of the Commonwealth, a State or a Territory in respect of a breach of a condition of that security, or > > > > > > > > > (B) action cannot, by reason of the expiration of the security, be taken under a law of the Commonwealth, a State or a Territory by way of requiring the person to serve the whole or a part of that sentence, > > > > > (c) a person who, as the result of the exercise of the royal prerogative of mercy, is no longer required to serve the whole or a part of that sentence. > > > (8) A reference in this Act to release on parole includes a reference to release on probation and to any other form of conditional release in the nature of parole. > > **s 5:** Am 1986 No 187, Sch 1 (1); 1987 No 58, Sch 3; 1988 No 92, Sch 26; 1989 No 87, Sch 5; 1994 No 32, Sch 1; 1999 No 94, Sch 4.50 \[1\] \[2\], 4.152 \[1\]; 2007 No 94, Sch 1.81 \[1\]; 2012 No 79, Sch 3 \[1\].