3Definitions

3 Definitions (1) In this Act— S. 3(1) def. of *accredited agency* inserted by No. 57/1998 s. 26(3), repealed by No. 30/2021 s. 94. ***Adult Parole Board*** means Adult Parole Board established by section 61 of the **Corrections Act 1986**; S. 3(1) def. of *alcohol exclusion condition* inserted by No. 65/2011 s. 3(1). ***alcohol exclusion condition*** means a condition that may be attached to a community correction order under section 48J(1); S. 3(1) def. of *alcoholic* repealed by No. 43/2010 s. 48(1)(a). S. 3(1) def. of *approved drug and alcohol assessment agency* inserted by No. 48/1997 s. 25(1), amended by Nos 46/2008 s. 287(a), 65/2011 s. 3(2). ***approved drug and alcohol assessment agency*** means a person or body approved under section 8I by the Secretary to the Department of Health for the purposes of Division 1B of Part 3; S. 3(1) def. of *approved mental health service* inserted by No. 98/1995 s. 64(1)(a), repealed by No. 26/2014 s. 429(1)(a)). ** * * * ** S. 3(1) def. of *authorised person* inserted by No. 30/2010 s. 3(a), substituted by No. 65/2011 s. 3(3). ***authorised person*** means a person appointed by the Secretary under section 115E; S. 3(1) def. of *authorised psychiatrist* substituted by No. 26/2014 s. 429(1)(b)), amended by No. 39/2022 s. 861(a). ***authorised psychiatrist*** has the same meaning as in the **Mental Health and Wellbeing Act 2022**; S. 3(1) def. of *baseline offence* inserted by No. 52/2014 s. 3, repealed by No. 34/2017 s. 3. S. 3(1) def. of *baseline sentence* inserted by No. 52/2014 s. 3, repealed by No. 34/2017 s. 3. S. 3(1) def. of *bond condition* inserted by No. 65/2011 s. 55. ***bond condition*** means a condition that may be attached to a community correction order under section 48JA(1); S. 3(1) def. of *Category A serious youth offence* inserted by No. 43/2017 s. 20, amended by Nos 32/2018 s. 133, 16/2020 s. 23(a). ***Category A serious youth offence*** means any of the following offences— (b) attempted murder; (c) manslaughter; (d) child homicide; (da) homicide by firearm; (e) an offence against any of the following sections of the **Crimes Act 1958**— (i) section 15A (intentionally causing serious injury in circumstances of gross violence); (ii) section 77B (aggravated home invasion); (iii) section 79A (aggravated carjacking); (iv) section 197A (arson causing death); (v) section 318 (culpable driving causing death); (f) an offence against any one of the following— (i) section 4B of the **Terrorism (Community Protection) Act 2003**; (ii) a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth; (iii) a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth; (iv) a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal; S. 3(1) def. of *Category B serious youth offence* inserted by No. 43/2017 s. 20. ***Category B serious youth offence*** means an offence against any of the following sections of the **Crimes Act 1958**— (a) section 15B (recklessly causing serious injury in circumstances of gross violence); (b) section 38 (rape); (c) section 39 (rape by compelling sexual penetration); (d) section 77A (home invasion); (e) section 79 (carjacking); S. 3(1) def. of *category 1 offence* inserted by No. 65/2016 s. 3, amended by Nos 65/2016 s. 23, 48/2018 s. 73, 3/2019 s. 21(1). ***category 1 offence*** means any of the following offences committed by a person who is 18 years of age or more at the time of the commission of the offence— (b) an offence against section 15A(1) of the **Crimes Act 1958** (causing serious injury intentionally in circumstances of gross violence); (c) an offence against section 15B(1) of the **Crimes Act 1958** (causing serious injury recklessly in circumstances of gross violence); (ca) an offence against section 16 of the **Crimes Act 1958** (causing serious injury intentionally) if— (i) the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty within the meaning of section 10AA(8), (9), (10) and (11); and (cb) an offence against section 17 of the **Crimes Act 1958** (causing serious injury recklessly) if— (i) the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty within the meaning of section 10AA(8), (9), (10) and (11); and (cc) an offence against section 18 of the **Crimes Act 1958** (causing injury intentionally or recklessly) if— (i) the victim was an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty within the meaning of section 10AA(8), (9), (10) and (11); and (d) an offence against section 38(1) of the **Crimes Act 1958** (rape); (e) an offence against section 39(1) of the **Crimes Act 1958** (rape by compelling sexual penetration); (f) an offence against section 49A(1) of the **Crimes Act 1958** (sexual penetration of a child under the age of 12); (g) an offence against section 49J(1) of the **Crimes Act 1958** (persistent sexual abuse of a child under the age of 16); (h) an offence against section 50C(1) of the **Crimes Act 1958** (sexual penetration of a child or lineal descendant) if the victim was, at the time of the offence, under the age of 18; (i) an offence against section 50D(1) of the **Crimes Act 1958** (sexual penetration of a step-child) if the victim was, at the time of the offence, under the age of 18; (ia) an offence against section 77B(2) of the **Crimes Act 1958** (aggravated home invasion); (ib) an offence against section 79A(2) of the **Crimes Act 1958** (aggravated carjacking); (ic) an offence against section 317AC of the **Crimes Act 1958** (intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving) if, in the commission of the offence, an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty within the meaning of section 317AB is injured; (id) an offence against section 317AD of the **Crimes Act 1958** (aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving) if, in the commission of the offence, an emergency worker on duty, a custodial officer on duty or a youth justice custodial worker on duty within the meaning of section 317AB is injured; (j) an offence against section 71(1) of the **Drugs, Poisons and Controlled Substances Act 1981** (trafficking in a drug or drugs of dependence—large commercial quantity); (ja) an offence against section 71AA(2) of the **Drugs, Poisons and Controlled Substances Act 1981** (trafficking in a drug or drugs of dependence for the benefit of or at the direction of a criminal organisation—commercial quantity); (k) an offence against section 72 of the **Drugs, Poisons and Controlled Substances Act 1981** (cultivation of narcotic plants—large commercial quantity); (l) an offence against any of the following provisions of the **Crimes Act 1958** as in force before their repeal by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**— (i) section 44(1) (incest with the person's child, other lineal descendant or step-child) if the victim was, at the time of the offence, under the age of 18; (ii) section 44(2) (incest with a child, other lineal descendant or step-child under the age of 18 of the person's de facto spouse); (iii) section 45(1) (sexual penetration of child under the age of 16) committed in the circumstance of aggravation described in section 45(2)(a) of the **Crimes Act 1958** as then in force; (iv) section 47A(1) (persistent sexual abuse of child under the age of 16); S. 3(1) def. of *category 2 offence* inserted by No. 65/2016 s. 3, amended by Nos 65/2017 s. 15, 48/2018 s. 74, 3/2019 ss 7, 21(2), 16/2020 s. 23(b). ***category 2 offence*** means any of the following offences committed by a person who is 18 years of age or more at the time of the commission of the offence— (a) manslaughter; (b) an offence against section 5A of the **Crimes Act 1958** (child homicide); (ba) an offence against section 5B of the **Crimes Act 1958** (homicide by firearm); (c) an offence against section 16 of the **Crimes Act 1958** (causing serious injury intentionally) other than a category 1 offence; (d) an offence against section 63A of the **Crimes Act 1958** (kidnapping); (da) an offence against section 75A(2) of the **Crimes Act 1958** (armed robbery) if— (i) the offender has with him or her a firearm at the time of the offence; or (ii) a victim of the offence has suffered injury as a direct result of the offence; or (iii) the offence was committed by the offender in company with one or more other persons; (db) an offence against section 77A(3) of the **Crimes Act 1958** (home invasion); (dc) an offence against section 79(2) of the **Crimes Act 1958** (carjacking); (e) an offence against section 197A of the **Crimes Act 1958** (arson causing death); (ea) an offence against section 318(1) of the **Crimes Act 1958** (culpable driving causing death); (eb) an offence against section 319(1) of the **Crimes Act 1958** (dangerous driving causing death); (f) the offence of kidnapping at common law; (g) an offence against section 71AA(1) of the **Drugs, Poisons and Controlled Substances Act 1981** (trafficking in a drug or drugs of dependence—commercial quantity); (h) an offence against section 72A of the **Drugs, Poisons and Controlled Substances Act 1981** (cultivation of narcotic plants—commercial quantity); (i) an offence against section 4B(1) of the **Terrorism (Community Protection) Act 2003** (providing documents or information facilitating terrorist acts); (j) an offence against section 317AD of the **Crimes Act 1958** (aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving) other than a category 1 offence; (k) an offence against section 317AF of the **Crimes Act 1958** (aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving); (l) an offence against section 31C of the **Crimes Act 1958** (discharging a firearm reckless to safety of a police officer or a protective services officer) in circumstances where the offender's conduct created a risk to the physical safety of the victim or to any member of the public; (m) the offence of common assault committed in the circumstances referred to in section 320A(1) or (2) of the **Crimes Act 1958** if the assault consisted of or included the direct application of force within the meaning of the definition of ***assault*** in section 31(2) of that Act; S. 3(1) def. of *Chief Com-missioner of Police* inserted by No. 77/2010 s. 3(a) (as amended by No. 9/2011 s. 3), repealed by No. 37/2014 s. 10(Sch. item 151.1(b)). S. 3(1) def. of *Chief General Manager* repealed by No. 46/1998 s. 7(Sch. 1). S. 3(1) def. of *chief psychiatrist* amended by Nos 26/2014 s. 429(1)(c)), 39/2022 s. 861(b). ***chief psychiatrist*** means chief psychiatrist within the meaning of the **Mental Health and Wellbeing Act 2022**; S. 3(1) def. of *collection fee* inserted by No. 17/2022 s. 81. ***collection fee*** has the same meaning as it has in the **Fines Reform Act 2014**; S. 3(1) def. of *combined custody and treatment order* inserted by No. 48/1997 s. 4(a), repealed by No. 65/2011 s. 3(14)(a). S. 3(1) def. of *community-based order* repealed by No. 65/2011 s. 3(14)(b). S. 3(1) def. of *community correction order* inserted by No. 26/2012 s. 27(1). ***community correction order*** means an order made under Part 3A; ***community corrections centre*** means community corrections centre established under Part 9 of the **Corrections Act 1986**; ***community corrections officer*** means community corrections officer appointed under Part 4 of the **Corrections Act 1986**; S. 3(1) def. of *community service condition* repealed by No. 65/2011 s. 3(14)(c). S. 3(1) def. of *contravention* inserted by No. 30/2010 s. 3(a). ***contravention*** in relation to a provision of an order or a sentence includes a failure to comply with that provision; S. 3(1) def. of *contravention summons* inserted by No. 30/2010 s. 3(a), substituted by No. 65/2011 s. 3(4), repealed by No. 26/2012 s. 27(2). S. 3(1) def. of *Court Assessment Order* inserted by No. 26/2014 s. 429(2). ***Court Assessment Order*** means an Order within the meaning of section 90; S. 3(1) def. of *Court Secure Treatment Order* inserted by No. 26/2014 s. 429(2). ***Court Secure Treatment Order*** means an Order within the meaning of section 94A; S. 3(1) def. of *curfew condition* inserted by No. 65/2011 s. 3(1). ***curfew condition*** means a condition that may be attached to a community correction order under section 48I(1); S. 3(1) def. of *depositions* inserted by No. 68/2009 s. 97(Sch. item 110.1). ***depositions*** has the same meaning as in the **Criminal Procedure Act 2009**; S. 3(1) def. of *designated mental health service* inserted by No. 26/2014 s. 429(2), amended by Nos 21/2015 s. 3(Sch. 1 item 47.1), 39/2022 s. 861(c). ***designated mental health service*** means a designated mental health service within the meaning of section 3(1) of the **Mental Health and Wellbeing Act 2022**; S. 3(1) def. of *detention* inserted by No. 48/1997 s. 4(b), amended by No. 48/2006 s. 42(Sch. item 32.1(a)). ***detention***, in relation to an order or sentence of a court, means detention in a youth justice centre or youth residential centre; ***director***, in relation to a body corporate, includes any person occupying the position of director of the body corporate (by whatever name called) and includes a person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; S. 3(1) def. of *Director of Public Prosecutions* inserted by No. 77/2010 s. 3(a) (as amended by No. 9/2011 s. 3). ***Director of Public Prosecutions*** means the Director of Public Prosecutions appointed under the **Constitution Act 1975**; S. 3(1) def. of *Director-General of Community Services* repealed by No. 46/1998 s. 7(Sch. 1). S. 3(1) def. of *Director-General of Corrections* repealed by No. 45/1996 s. 18(Sch. 2 item 11.1). ***driver licence*** has the same meaning as in the **Road Safety Act 1986**; S. 3(1) def. of *Drug Court* inserted by No. 2/2002 s. 4(1), substituted by No. 43/2020 s. 6(a). ***Drug Court*** means the Drug Court Division of either— (a) the Magistrates' Court; or (b) the County Court; S. 3(1) def. of *Drug Court officer* inserted by No. 2/2002 s. 4(1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 181.1). ***Drug Court officer*** means a person who— (a) is employed under Part 3 of the **Public Administration Act 2004**; and (b) exercises powers or performs functions in relation to the Drug Court; S. 3(1) def. of *drug-dependent person* repealed by No. 43/2010 s. 48(1)(a). S. 3(1) def. of *drug of addiction* inserted by No. 42/1993 s. 60. ***drug of addiction*** means a drug of dependence within the meaning of the **Drugs, Poisons and Controlled Substances Act 1981**; S. 3(1) def. of *drug treatment order* inserted by No. 2/2002 s. 4(1), substituted as def. of *drug and alcohol treatment order* by No. 43/2020 s. 6(b). ***drug and alcohol treatment order*** means an order under Subdivision (1C) of Division 2 of Part 3; S. 3(1) def. of *enforcement warrant fee* inserted by No. 17/2022 s. 81. ***enforcement warrant fee*** has the same meaning as it has in the **Fines Reform Act 2014**; S. 3(1) def. of *escape offence* inserted by No. 41/1993 s. 4(b). ***escape offence*** means an offence against section 479C of the **Crimes Act 1958**; S. 3(1) def. of *family violence intervention order* inserted by No. 30/2010 s. 3(a), amended by No. 53/2016 s. 124(b). ***family violence intervention order*** means— (a) a family violence intervention order within the meaning of section 11 of the **Family Violence Protection Act 2008**; or (ab) a non-local DVO made by a court that is a recognised DVO; or (b) one of the following orders made under the **Crimes (Family Violence) Act 1987** as in force immediately before its repeal— (i) an intervention order made on grounds referred to in section 4 or 4A of that Act, and subsequently varied or extended under section 16 or 16A of that Act; (ii) an intervention order made on grounds referred to in section 4 or 4A of that Act, and subsequently varied or extended under section 16 or 16A of that Act; (iii) an interim intervention order made on grounds referred to in section 8 of that Act; S. 3(1) def. of *fine* amended by Nos 19/1999 s. 12(1), 31/2013 s. 8, substituted by No. 32/2013 s. 46(1). ***fine*** means the sum of money payable by an offender under an order of a court made on the offender being convicted or found guilty of an offence and includes costs but does not include— (a) money payable by way of restitution or compensation; or (b) any costs of or incidental to an application for restitution or compensation payable by an offender under an order of a court; or (c) costs incurred between the parties in a civil proceeding; or (d) costs incurred by third parties; or (e) money payable by an offender under an order of a court to an organisation that provides a charitable or community service or to the court for payment to such an organisation; S. 3(1) def. of *fine conversion order* inserted by No. 65/2011 s. 3(1), amended by Nos 26/2012 s. 27(3), 32/2013 s. 46(2), substituted by No. 59/2017 s. 127. ***fine conversion order*** means an order made under section 64 or any order made under that provision as varied under section 67; S. 3(1) def. of *fine default unpaid community work order* inserted by No. 65/2011 s. 3(1), amended by Nos 26/2012 s. 27(4), 32/2013 s. 46(3). ***fine default unpaid community work order*** means an order made under section 69D, 69H(2)(a) or 69M(4) or any order made under those provisions as varied under section 69I; S. 3(1) def. of *fines work order* inserted by No. 32/2013 s. 46(4). ***fines work order*** means a fine conversion order or a fine default unpaid community work order; S. 3(1) def. of *Full Court* repealed by No. 19/1999 s. 16(1). S. 3(1) def. of *home detention order* inserted by No. 53/2003 s. 3, substituted by No. 30/2010 s. 3(b), repealed by No. 48/2011 s. 12. S. 3(1) def. of *hospital security order* inserted by No. 69/2005 s. 3(1)(a), repealed by No. 26/2014 s. 429(1)(d)). S. 3(1) def. of *indefinite sentence* inserted by No. 41/1993 s. 4(c). ***indefinite sentence*** means a sentence of imprisonment for an indefinite term imposed under Subdivision (1A) of Division 2 of Part 3; S. 3(1) def. of *inspector* repealed by No. 43/2010 s. 48(1)(a). S. 3(1) def. of *instalment order* amended by Nos 65/2011 s. 3(5), 26/2012 s. 27(5). ***instalment order*** means an order made under Part 3B that a fine be paid by two or more instalments and includes such an order as varied under that Part; S. 3(1) def. of *intensive correction management* *order* inserted by No. 77/2010 s. 3(a) (as amended by No. 9/2011 s. 3), repealed by No. 65/2011 s. 3(13)(a). S. 3(1) def. of *intensive correction management* *order (drug and alcohol)* inserted by No. 77/2010 s. 3(a) (as amended by No. 9/2011 s. 3), repealed by No. 65/2011 s. 3(13)(b). S. 3(1) def. of *intensive correction management* *order* *(general)* inserted by No. 77/2010 s. 3(a) (as amended by No. 9/2011 s. 3), repealed by No. 65/2011 s. 3(13)(c). S. 3(1) def. of *intensive correction order* repealed by No. 65/2011 s. 3(14)(d). S. 3(1) def. of *intimate image offence* inserted by No. 38/2022 s. 40. ***intimate image offence*** has the same meaning as in the **Criminal Procedure Act 2009**; S. 3(1) def. of *involuntary patient* repealed by No. 26/2014 s. 429(1)(e)). S. 3(1) def. of *judicial monitoring condition* inserted by No. 65/2011 s. 3(1). ***judicial monitoring condition*** means a condition that may be attached to a community correction order under section 48K(1); S. 3(1) def. of *justice plan* amended by Nos 46/1998 s. 7(Sch. 1), 23/2006 s. 226(a), substituted by No. 65/2011 s. 3(6). ***justice plan*** means a plan requested under section 80(3)(c); S. 3(1) def. of *justice plan condition* inserted by No. 65/2011 s. 3(1). ***justice plan condition*** means a condition that may be attached to— (a) a community correction order; or (b) an order releasing an offender on adjournment with or without recording a conviction— under section 80(1); S. 3(1) def. of *lawyer* inserted by No. 18/2005 s. 18(Sch. 1 item 97.1), amended by No. 17/2014 s. 160(Sch. 2 item 88). ***lawyer*** means an Australian lawyer; S. 3(1) def. of *learner permit* inserted by No. 65/2011 s. 3(1). ***learner permit*** has the same meaning as in the **Road Safety Act 1986**; S. 3(1) def. of *legal practitioner* inserted by No. 18/2005 s. 18(Sch. 1 item 97.1), amended by No. 17/2014 s. 160(Sch. 2 item 88). ***legal practitioner*** means an Australian legal practitioner; S. 3(1) def. of *licence restoration report* inserted by No. 57/1998 s. 26(3), amended by No. 65/2011 s. 3(7), repealed by No. 56/2013 s. 31. S. 3(1) def. of *local law* amended by No. 9/2020 s. 390(Sch. 1 item 90.1). ***local law*** means local law made under Division 3 of Part 3 of the **Local Government Act 2020**; S. 3(1) def. of *mandatory treatment and monitoring order* inserted by No. 48/2018 s. 75. ***mandatory treatment and monitoring order*** means an order made under section 44A; S. 3(1) def. of *median sentence* inserted by No. 52/2014 s. 3, repealed by No. 34/2017 s. 3. S. 3(1) def. of *Mental Health Review Board* substituted as *Mental Health Tribunal* by No. 26/2014 s. 429(1)(f), amended by No. 39/2022 s. 861(d). ***Mental Health Tribunal*** means the Mental Health Tribunal established by section 330 of the **Mental Health and Wellbeing Act 2022**; S. 3(1) def. of *mental illness* inserted by No. 98/1995 s. 64(1)(b), amended by Nos 26/2014 s. 429(1)(g), 39/2022 s. 861(e). ***mental illness*** has the same meaning as in the **Mental Health and Wellbeing Act 2022**; S. 3(1) def. of *monitored condition* inserted by No. 32/2013 s. 23. ***monitored condition*** means any of the following conditions— (a) a curfew condition; (b) a place or area exclusion condition; ***motor vehicle*** has the same meaning as in the **Road Safety Act 1986**; S. 3(1) def. of *nominal sentence* inserted by No. 41/1993 s. 4(d). ***nominal sentence***, in relation to an indefinite sentence, means the period fixed in accordance with section 18A(3); S. 3(1) def. of *non-association condition* inserted by No. 65/2011 s. 3(1). ***non-association condition*** means a condition that may be attached to a community correction order under section 48F(1); S. 3(1) def. of *non-local DVO* inserted by No. 53/2016 s. 124(a). ***non-local DVO*** means a non-local DVO within the meaning of the **National Domestic Violence Order Scheme Act 2016**; ***non-parole period***, in relation to a sentence of imprisonment, means a period fixed in accordance with Subdivision (1) of Division 2 of Part 3 during which the offender is not eligible to be released on parole; S. 3(1) def. of *offence involving an assault* inserted by No. 43/2017 s. 45. ***offence involving an assault*** means an offence against any of the following sections of the **Crimes Act 1958**— (a) section 15A (intentionally causing serious injury in circumstances of gross violence); (b) section 15B (recklessly causing serious injury in circumstances of gross violence); (c) section 16 (intentionally causing serious injury); (d) section 17 (recklessly causing serious injury); (e) section 18 (intentionally or recklessly causing injury); S. 3(1) def. of *offence involving property damage* inserted by No. 43/2017 s. 45. ***offence involving property damage*** means— (a) an offence against section 197 of the **Crimes Act 1958** (criminal damage); or (b) an offence against section 9(1)(c) of the **Summary Offences Act 1966** (wilful damage); S. 3(1) def. of *operational period* amended by No. 48/1997 s. 14(1)(a), repealed by No. 32/2013 s. 8(a). S. 3(1) def. of *penalty reminder notice fee* inserted by No. 17/2022 s. 81. ***penalty reminder notice fee*** has the same meaning as it has in the **Infringements Act 2006**; S. 3(1) def. of *personal development condition* repealed by No. 65/2011 s. 3(14)(e). S. 3(1) def. of *personal safety intervention order* inserted by No. 53/2010 s. 221(Sch. item 10.1(a)). ***personal safety intervention order*** means— (a) a personal safety intervention order within the meaning of the **Personal Safety Intervention Orders Act 2010**; or (b) an intervention order within the meaning of the **Stalking Intervention Orders Act 2008** (as in force immediately before its repeal); or (c) an order made under section 4 of the **Crimes (Family Violence) Act 1987** of a kind referred to in section 21A(5) of the **Crimes Act 1958**, both as in force immediately before their repeal; S. 3(1) def. of *place or area exclusion condition* inserted by No. 65/2011 s. 3(1). ***place or area exclusion condition*** means a condition that may be attached to a community correction order under section 48H(1); S. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 151.1(a)). ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; S. 3(1) def. of *Post Sentence Authority* inserted by No. 57/2017 s. 52(1), substituted by No. 27/2018 s. 364(1). ***Post Sentence Authority*** means the Post Sentence Authority continued in existence under section 290 of the **Serious Offenders Act 2018**; S. 3(1) def. of *prescribed officer* substituted as *prescribed person* by No. 48/1997 s. 14(1)(b). ***prescribed person*** means a person prescribed under the regulations; ***prisoner*** has the same meaning as in the **Corrections Act 1986**; ***prison offence*** has the same meaning as in Part 7 of the **Corrections Act 1986**; ***proper officer***, in relation to a court, means the officer or officers of that court prescribed by rules of that court for the purpose of the provision in which the term is used; ***proper venue***, in relation to the Magistrates' Court, has the same meaning as in the **Magistrates' Court Act 1989**; S. 3(1) def. of *psychiatric in-patient service* repealed by No. 98/1995 s. 64(1)(c). S. 3(1) def. of *psychiatrist* inserted by No. 48/2018 s. 75. ***psychiatrist*** means a person who is registered under the Health Practitioner Regulation National Law as a medical practitioner in the speciality of psychiatry (other than as a student); S. 3(1) def. of *recognised DVO* inserted by No. 53/2016 s. 124(a). ***recognised DVO*** means a recognised DVO within the meaning of the **National Domestic Violence Order Scheme Act 2016**; S. 3(1) def. of *Regional Manager* amended by No. 2/2002 s. 4(2), substituted by No. 65/2011 s. 3(8), amended by Nos 26/2012 s. 27(6), 43/2020 s. 6(c). ***Regional Manager***, in relation to— (a) a drug and alcohol treatment order; or (b) a community correction order; or (ba) a fine conversion order; or (c) a fine default unpaid community work order— means the person appointed under Part 4 of the **Corrections Act 1986** to be the Regional Manager of the region in which the community corrections centre specified in the order is located; S. 3(1) def. of *registered psychologist* inserted by No. 48/2018 s. 75. ***registered psychologist*** means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student); S. 3(1) def. of *residence restriction or exclusion condition* inserted by No. 65/2011 s. 3(1). ***residence restriction or exclusion condition*** means a condition that may be attached to a community correction order under section 48G(1); S. 3(1) def. of *residential treatment facility* inserted by No. 23/2006 s. 226(b). ***residential treatment facility*** has the same meaning as it has in section 3(1) of the **Disability Act 2006**; S. 3(1) def. of *residential treatment order* inserted by No. 23/2006 s. 226(b), amended by No. 65/2011 s. 3(9). ***residential treatment order*** means an order made under section 82AA(1); S. 3(1) def. of *restricted involuntary treatment order* inserted by No. 69/2005 s. 3(1)(a), repealed by No. 26/2014 s. 429(1)(h). S. 3(1) def. of *Secretary* inserted by No. 46/1998 s. 7(Sch. 1), substituted by Nos 65/2011 s. 3(10), 45/2019 s. 50(1). ***Secretary*** means the Secretary to the Department of Justice and Community Safety; S. 3(1) def. of *Secretary to the Department of Health* inserted by No. 29/2010 s. 71(1). ***Secretary to the Department of Health*** means the Department Head (within the meaning of the **Public Administration Act 2004**) of the Department of Health; S. 3(1) def. of *secure custody facility* inserted by No. 2/2002 s. 4(1), amended by No. 48/2006 s. 42(Sch. item 32.1(b)). ***secure custody facility*** means— (a) a prison as defined in section 3 of the **Corrections Act 1986**; or (b) a youth justice centre; or (c) any other place the Minister specifies under subsection (2); S. 3(1) def. of *Secure Treatment Order* inserted by No. 26/2014 s. 429(2), amended by No. 39/2022 s. 861(f). ***Secure Treatment Order*** means an Order within the meaning of section 534 of the **Mental Health and Wellbeing Act 2022**; S. 3(1) def. of *security patient* amended by Nos 26/2014 s. 429(1)(i), 39/2022 s. 861(g). ***security patient*** has the same meaning as in the **Mental Health and Wellbeing Act 2022**; S. 3(1) def. of *security resident* substituted by No. 23/2006 s. 226(c). ***security resident*** has the same meaning as it has in section 3(1) of the **Disability Act 2006**; S. 3(1) def. of *sentencing court* inserted by No. 65/2011 s. 3(1). ***sentencing court***, in relation to an order made under this Act, means the court that made the order; S. 3(1) def. of *serious offence* inserted by No. 41/1993 s. 4(e), amended by Nos 67/2000 s. 10(1)(a)(b), 77/2005 s. 8(4)(a), 82/2006 s. 7(1), 2/2006 s. 43(1) (as amended by No. 76/2006 s. 14(1)), 7/2008 s. 7(4)(a), 6/2013 s. 8, 32/2013 s. 8(b), 63/2014 s. 5(3)(a), 74/2014 s. 19(1), 47/2016 s. 41(1), 16/2020 s. 23(c), 38/2022 s. 17. ***serious offence***, for the purposes of Subdivision (1A) of Division 2 of Part 3 (indefinite sentences) means— (a) murder; or (b) manslaughter; or (baa) child homicide; or (bb) homicide by firearm; or (c) an offence against any of the following sections of the **Crimes Act 1958**— (ii) section 20 (threats to kill); (iii) section 38 (rape); (iv) section 39(1) (rape by compelling sexual penetration); (iva) section 42(1) (assault with intent to commit a sexual offence); (v) section 50C(1) (sexual penetration of a child or lineal descendant), 50D(1) (sexual penetration of a step-child) or 50F(1) (sexual penetration of a sibling or half‑sibling) in circumstances other than where both people are aged 18 or older and each consented (as defined by sections 36 and 36AA of the **Crimes Act** **1958**) to the sexual penetration; (vi) section 49A(1) (sexual penetration of a child under the age of 12) or 49B(1) (sexual penetration of a child under the age of 16); (viii) section 49J(1) (persistent sexual abuse of a child under the age of 16); (ix) section 47 (abduction or detention for a sexual purpose); (x) section 49P (abduction or detention of a child under the age of 16 for a sexual purpose); (xi) section 63A (kidnapping); (xii) section 75A (armed robbery); or (ca) an offence against section 45(1) (sexual penetration of child under the age of 10) (as amended) of the **Crimes Act 1958** inserted in the **Crimes Act 1958** on 5 August 1991 by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 5 of the **Crimes (Amendment) Act 2000**; or (cb) an offence against section 46(1) (sexual penetration of child aged between 10 and 16) (as amended) of the **Crimes Act 1958** inserted in the **Crimes Act 1958** on 5 August 1991 by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 5 of the **Crimes (Amendment) Act 2000**; or (cc) an offence against any of the following provisions of the **Crimes Act 1958** inserted in the **Crimes Act 1958** on 5 August 1991 by section 3 of the **Crimes (Sexual Offences) Act 1991** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**— (i) section 44(1), (2) or (4) (incest) in circumstances other than where both people are aged 18 or older and each consented to the sexual penetration; (ii) section 47A(1) (persistent sexual abuse of child under the age of 16); (iii) section 55 (abduction or detention); (iv) section 56(1) or (2) (abduction of child under the age of 16); or (cd) an offence against section 45(1) of the **Crimes Act 1958** (sexual penetration of child under the age of 16) inserted in the **Crimes Act 1958** on 22 November 2000 by section 5 of the **Crimes (Amendment) Act 2000** and repealed by section 16 of the **Crimes Amendment (Sexual Offences) Act 2016**; or (d) an offence against a provision of the **Crimes Act 1958** which was **repealed** before the commencement of section 4(e) of the **Sentencing (Amendment) Act 1993** and which the presiding judge is satisfied beyond reasonable doubt, having regard to the facts in evidence, could have been charged as an offence against a provision mentioned in paragraph (c) had it been committed while that provision was in force; or (da) an offence that, at the time it was committed, was a serious offence; or (e) any of the following common law offences— (i) rape; (ii) assault with intent to rape; or (f) an offence of conspiracy to commit, incitement to commit or attempting to commit, an offence referred to in any of the preceding paragraphs; S. 3(1) defs of *serious sexual offender*, *serious violent offence*, *serious violent offender* inserted by No. 41/1993 s. 4(e), repealed by No. 48/1997 s. 7(1). S. 3(1) def. of *severe substance dependence* inserted by No. 43/2010 s. 48(1)(b). ***severe substance dependence*** has the same meaning as in section 5 of the **Severe Substance Dependence Treatment Act 2010**; S. 3(1) def. of *sexual offence* inserted by No. 41/1993 s. 4(e), amended by Nos 24/1994 s. 4(1)(a), 22/1996 s. 20, repealed by No. 48/1997 s. 7(1). S. 3(1) def. of *significant offence* inserted by No. 77/2010 s. 3(a) (as amended by No. 9/2011 s. 3), repealed by No. 32/2013 s. 8(c). S. 3(1) def. of *stalking intervention order* inserted by No. 30/2010 s. 3(a), repealed by No. 53/2010 s. 221(Sch. item 10.1(b)). S. 3(1) def. of *standard sentence* inserted by No. 34/2017 s. 17. ***standard sentence***, in relation to an offence, means the period specified by an Act as the standard sentence for the offence; See section 5A. S. 3(1) def. of *standard sentence offence* inserted by No. 34/2017 s. 17. ***standard sentence offence*** means an offence for which an Act specifies a standard sentence; See section 5A. ***subordinate instrument*** has the same meaning as in the **Interpretation of Legislation Act** **1984**; S. 3(1) def. of *supervision condition* substituted by No. 65/2011 s. 3(11). ***supervision condition*** means a condition that may be attached to a community correction order under section 48E(1); S. 3(1) def. of *Temporary Treatment Order* inserted by No. 26/2014 s. 429(2), amended by No. 39/2022 s. 861(h). ***Temporary Treatment Order*** means an Order within the meaning of section 180 of the **Mental Health and Wellbeing Act 2022**; S. 3(1) def. of *time to pay order* inserted by No. 32/2013 s. 46(4). ***time to pay order*** means an order made under Part 3B that an offender be allowed time to pay a fine and includes such an order as varied under that Part; S. 3(1) def. of *total effective sentence* inserted by No. 52/2014 s. 3. ***total effective sentence*** has the same meaning as in the **Criminal Procedure Act 2009**; S. 3(1) def. of *treatment and rehabilitation condition* inserted by No. 65/2011 s. 3(1). ***treatment and rehabilitation condition*** means a condition that may be attached to a community correction order under section 48D(1); S. 3(1) def. of *treatment centre* repealed by No. 43/2010 s. 48(1)(a). S. 3(1) def. of *treatment period* repealed by No. 48/1997 s. 14(1)(c). ***undertaking*** means a written undertaking by the offender in the prescribed form; S. 3(1) def. of *unpaid community work* *condition* inserted by No. 77/2010 s. 3(a) (as amended by No. 9/2011 s. 3), substituted by No. 65/2011 s. 3(12). ***unpaid community work condition*** means a condition that may be attached to a community correction order under section 48C(1); S. 3(1) def. of *victim* inserted by No. 24/1994 s. 4(1)(b), amended by No. 54/2000 s. 22(1). ***victim***, in relation to an offence, means a person who, or body that, has suffered injury, loss or damage (including grief, distress, trauma or other significant adverse effect) as a direct result of the offence, whether or not that injury, loss or damage was reasonably foreseeable by the offender; S. 3(1) def. of *violent offence* inserted by No. 41/1993 s. 4(f), amended by No. 24/1994 s. 4(1)(c), repealed by No. 48/1997 s. 7(1). S. 3(1) def. of *working day* inserted by No. 41/1993 s. 4(f). ***working day***, in relation to a court, means a day on which the offices of the court are open; S. 3(1) def. of *young person* inserted by No. 41/1993 s. 4(f), repealed by No. 48/1997 s. 4(c). S. 3(1) def. of *young offender* amended by No. 48/1997 s. 4(d). ***young offender*** means an offender who at the time of being sentenced is under the age of 21 years; S. 3(1) def. of *youth justice centre* inserted by No. 48/2006 s. 42(Sch. item 32.1(c)). ***youth justice centre*** has the same meaning as in the **Children, Youth and Families Act** **2005**; S. 3(1) def. of *youth justice centre order* inserted by No. 48/2006 s. 42(Sch. item 32.1(c)). ***youth justice centre order*** means an order made under Subdivision (4) of Division 2 of Part 3 directing the detention of a young offender in a youth justice centre; S. 3(1) def. of *Youth Parole Board* substituted by No. 48/2006 s. 42(Sch. item 32.1(d)), repealed by No. 61/2014 s. 170(1). S. 3(1) def. of *youth residential centre* inserted by No. 48/1997 s. 4(e), substituted by No. 48/2006 s. 42(Sch. item 32.1(e)). ***youth residential centre*** has the same meaning as in the **Children, Youth and Families Act** **2005**; S. 3(1) def. of *youth residential centre order* inserted by No. 48/1997 s. 4(e). ***youth residential centre order*** means an order made under Subdivision (4) of Division 2 of Part 3 directing the detention of a young offender in a youth residential centre; S. 3(1) defs of *youth training centre* and *youth training centre order* inserted by No. 48/1997 s. 4(e), repealed by No. 48/2006 s. 42(Sch. 32.1(f)). ** * * * ** S. 3(2) inserted by No. 41/1993 s. 4(g), amended by No. 24/1994 s. 4(2)(a)(i) (ii)(b), repealed by No. 48/1997 s. 7(2), new s. 3(2) inserted by No. 2/2002 s. 4(3). (2) The Minister may, by notice published in the Government Gazette, specify a place for the purposes of paragraph (c) of the definition of ***secure custody facility*** in subsection (1). S. 3(3) inserted by No. 2/2002 s. 4(3). (3) Section 6(b) of the **Corrections Act 1986** is taken to include an order under section 18ZL(1)(f) that a person serve a period in a place referred to in paragraph (c) of the definition of ***secure custody facility*** in subsection (1).