Div 3Interpretation and application of Act

Division 3—Interpretation and application of Act 5—Interpretation (1) In this Act, unless the contrary intention appears— bond means an agreement (not being a bail agreement) entered into pursuant to the sentence of a court under which the defendant undertakes to the Crown to comply with the conditions of the agreement (see Part 4 Division 2); CE means the chief executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Correctional Services Act 1982; close personal relationship means the relationship between 2 adult persons (whether or not related by family and irrespective of their sex or gender identity) who live together as a couple on a genuine domestic basis, but does not include— (a) the relationship between a legally married couple; or (b) a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind; Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them. cognitive impairment includes— (a) a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder); and (b) an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder); and (c) a mental illness; community based custodial sentence—see Part 3 Division 7; community corrections officer means an officer or employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Correctional Services Act 1982 whose duties include the supervision of offenders in the community; conditional release means conditional release from a training centre; consumption of a drug includes— (a) injection of the drug (either by the person to whom the drug is administered or someone else); and (b) inhalation of the drug; and (c) any other means of introducing the drug into the body; court— (a) means a court of criminal jurisdiction; and (b) in relation to the exercise of powers under this Act with respect to the variation, revocation or enforcement of an order of a court or other related matters, means the court that made the order or a court of coordinate jurisdiction; domestic partner—a person is the domestic partner of another if the person lives with the other in a close personal relationship; DPP means the Director of Public Prosecutions; drug means alcohol or any other substance that is capable (either alone or in combination with other substances) of influencing mental functioning; home detention officer means a home detention officer appointed by the Minister for Correctional Services under Part 4 Division 6A of the Correctional Services Act 1982; home detention condition—see section 72; home detention order—see section 71; injury, in relation to an offence, includes pregnancy, mental injury, shock, fear, grief, distress or embarrassment resulting from the offence; intensive correction condition—see section 82; intensive correction order—see section 81; intervention program means a program that provides— (a) supervised treatment; or (b) supervised rehabilitation; or (c) supervised behaviour management; or (d) supervised access to support services; or (e) a combination of any 1 or more of the above, designed to address behavioural problems (including problem gambling), substance abuse or cognitive impairment; intervention program manager means— (a) for the purposes of sections 29 and 30—a person employed by the South Australian Courts Administration Authority (including a delegate of such a person) to have general oversight of intervention programs referred to in those sections and to coordinate the implementation of relevant court orders under those sections; or (b) for the purposes of this Act (other than sections 29 and 30)—a person employed in the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Correctional Services Act 1982 (including a delegate of such a person) to have general oversight of intervention programs and coordinate the implementation of relevant court orders; Minister for Correctional Services means the Minister responsible for the administration of the Correctional Services Act 1982; Minister for Youth Justice means the Minister responsible for the administration of the Youth Justice Administration Act 2016; Parole Board means the Parole Board of South Australia established under the Correctional Services Act 1982; pecuniary sum means— (a) a fine; or (b) compensation; or (c) costs; or (d) a sum payable under a bond or to a guarantee ancillary to a bond; or (e) any other amount payable under an order or direction of a court, and includes a VIC levy; primary purpose—the primary purpose for sentencing a defendant for an offence is as set out in section 3; prisoner—a reference to a prisoner includes, where the context so requires, a reference to a person serving a sentence— (a) on home detention subject to a home detention order; or (b) in the community subject to an intensive correction order; probationer means a defendant who has entered into a bond under Part 4; probative court means— (a) in the case of a bond entered into pursuant to an order of an appellate court on an appeal against sentence—the court that imposed that sentence; or (b) in any other case—the court that made the order pursuant to which the defendant entered into the bond; recreational use of a drug—consumption of a drug is to be regarded as recreational use of the drug unless— (a) the drug is administered against the will, or without the knowledge, of the person who consumes it; or (b) the consumption occurs accidentally; or (c) the person who consumes the drug does so under duress, or as a result of fraud or reasonable mistake; or (d) the consumption is therapeutic; residence includes, if the defendant is an Aboriginal or Torres Strait Islander person, any place specified by the court as the person's residence; secondary purposes—the secondary purposes for sentencing a defendant for an offence are as set out in section 4; self-induced—see subsections (2) and (3); sentence means— (a) the imposition of a penalty; or (b) the decision of a court to offer a defendant an opportunity to enter into a bond; or (c) the fixing, extending or negating of a non‑parole period; or (d) the making of any other order or direction affecting penalty, including the decision of a court to discharge a defendant— (i) without imposing a penalty; or (ii) without recording a conviction; sentence of indeterminate duration means detention in custody until further order (and see Part 3 Division 5); serious child sex offender has the same meaning as in Part 3 Division 2A; spouse—a person is the spouse of another if they are legally married; therapeutic—the consumption of a drug is to be regarded as therapeutic if— (a) the drug is prescribed by, and consumed in accordance with the directions of, a medical practitioner; or (b) the drug— (i) is a drug of a kind available, without prescription, from registered pharmacists; and (ii) is consumed for a purpose recommended by the manufacturer and in accordance with the manufacturer's instructions; triggering child sex offence has the same meaning as in Part 3 Division 2A; VIC levy means a levy imposed under the Victims of Crime Act 2001 or a corresponding previous law; working day means any day other than a Saturday, Sunday or public holiday; youth has the same meaning as in the Young Offenders Act 1993; Youth Court means the Youth Court of South Australia. (2) Intoxication resulting from the recreational use of a drug is to be regarded as self‑induced. (3) If a person becomes intoxicated as a result of the combined effect of the therapeutic consumption of a drug and the recreational use of the same or another drug, the intoxication is to be regarded as self‑induced even though in part attributable to therapeutic consumption. (4) For the purposes of this Act— (a) a VIC levy imposed on a person will be taken to have been imposed by order of the court that found the person guilty of the offence that gave rise to the levy; and (b) a person who pleads guilty to a charge of an offence will be taken to have been found guilty of the offence unless— (i) the plea is subsequently withdrawn; or (ii) the person is adjudged incompetent to have made the plea. (5) For the purposes of this Act, a reference to an offence committed by a serious child sex offender, or to the sentencing of a serious child sex offender for an offence, will be taken to include a reference to an offence that resulted in the person being a serious child sex offender. 6—Application of Act to youths (1) Subject to a provision of this Act to the contrary, this Act applies in relation to the sentencing of a youth and the enforcement of a sentence against a youth. (2) However, in the event of conflict between a provision of this Act and a provision of the Young Offenders Act 1993 or the Youth Court Act 1993, the latter provision prevails to the extent of that conflict. (3) In applying a provision of this Act to a youth who is being or has been dealt with as a youth (and not as an adult)— (a) a reference to imprisonment is to be read as a reference to detention; and (b) a reference to a warrant of commitment is to be read as an order for detention; and (c) a reference to a prison is to be read as a reference to a training centre; and (d) a reference to the CE is to be read as a reference to the chief executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Youth Justice Administration Act 2016; and (e) a reference to a community corrections officer is to be read as a reference to a community youth justice officer under the Youth Justice Administration Act 2016; and (f) a reference to a bond, or to entering into a bond, is to be read as a reference to an order under section 26 of the Young Offenders Act 1993, or to becoming subject to such an order; and (g) a reference to a probationer is to be read as a reference to a youth the subject of such an order; and (h) a reference to the Minister for Correctional Services is to be read as a reference to the Minister for Youth Justice. 7—Powers conferred by this Act are additional (1) Subject to this Act, the powers conferred on a court by this Act are in addition to, and do not derogate from, the powers conferred by another Act or law to impose a penalty on, or make an order or give a direction in relation to, a person found guilty of an offence. (2) Nothing in this Act affects the powers of a court to punish a person for contempt of that court. 8—Court may not impose bond except under this Act Despite any other Act or law to the contrary, a defendant may not enter into a bond except under this Act.