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Victims of Crime Assistance Act 2009
sec.150Definitions for pt 2
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### sec.150 Definitions for pt 2
In this part—
commencement means the commencement of this section.
compensation includes an amount by way of compensation.
injury means—
for compensation or another amount payable under the repealed Act—injury as defined under section 20 of that Act; or
for compensation or another amount payable under the repealed Criminal Code chapter—injury as defined under section 663A of that chapter; or
for division 5—
injury within the meaning of paragraph (a) or (b) for a personal offence committed before the commencement; or
injury within the meaning of section 27 for a personal offence committed after the commencement.
personal offence means—
for compensation or another amount payable under the repealed Act—personal offence as defined under section 21 of that Act; or
for compensation or another amount payable under the repealed Criminal Code chapter—an indictable offence relating to the person of any person; or
for division 5—
a personal offence within the meaning of paragraph (a) or (b) committed before the commencement; or
a prescribed offence within the meaning of section 25(8) committed after the commencement.
previous prescribed offence means—
in relation to the payment of an amount under section 33 of the repealed Act or section 663D(1)(b) or (c) of the repealed Criminal Code chapter—a personal offence; or
in relation to the payment of an amount under section 34 of the repealed Act or section 663D(1)(a) of the repealed Criminal Code chapter—
for a person helping a police officer to make or attempt to make an arrest—the offence in relation to which the police officer was attempting to make, or making, the arrest, or another offence arising out of substantially the same facts and circumstances as those in relation to which the police officer was attempting to make, or making, the arrest; or
for a person helping a police officer to prevent, or attempt to prevent, an offence or suspected offence—the offence or suspected offence; or
in relation to the payment of an amount under section 35 of the repealed Act—a murder or manslaughter.
relevant event means—
for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 33(1)(a) of the repealed Act—the end of the trial for the personal offence in relation to which the person’s entitlement to make the application arose; or
for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 33(1)(b)(i) of the repealed Act—the finding that the person who committed the act or omission constituting the personal offence in relation to which the person’s entitlement to make the application arose was suffering from unsoundness of mind when doing the act or making the omission, or was not fit for trial, under the Mental Health Act 2000 , chapter 7, part 6; or
for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 33(1)(b)(ii) of the repealed Act, or section 663D(1)(b) or (c)(ii) of the repealed Criminal Code chapter—the doing of the act or the making of the omission constituting the personal offence in relation to which the person’s entitlement to make the application arose; or
for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 33(1)(c) of the repealed Act, or section 663D(1)(c)(i) of the repealed Criminal Code chapter—the notification of the person by the investigating police officer that the person who committed the personal offence in relation to which the person’s entitlement to make the application arose can not be identified or found after appropriate inquiry and search; or
for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 34 of the repealed Act, or section 663D(1)(a) of the repealed Criminal Code chapter—the giving of the help to the police officer; or
for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 35 of the repealed Act—the death in relation to which the person’s entitlement to make the application arose; or
for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 663D(1)(c)(iii) of the repealed Criminal Code chapter—when the prosecution process for the indictment presented for the personal offence in relation to which the person’s entitlement to make the application arose ends, including, for example, because—
the prosecuting agency decides not to continue with the indictment or any other indictment for the personal offence; or
the trial for the personal offence ends and the person is not convicted of the offence; or
the prosecution process for the indictment ends in another way.
repealed Act means the repealed Criminal Offence Victims Act 1995 , as in force from time to time before its repeal.
repealed Criminal Code chapter means the Criminal Code, chapter 65A, as it continued to apply from time to time under section 46(2) of the repealed Act.
The Criminal Code, chapter 65A was repealed on 18 December 1995 by section 45 and schedule 2 of the repealed Act as originally enacted.
repealed legislation means the repealed Act or the repealed Criminal Code chapter.
- (a) for compensation or another amount payable under the repealed Act—injury as defined under section 20 of that Act; or
- (b) for compensation or another amount payable under the repealed Criminal Code chapter—injury as defined under section 663A of that chapter; or
- (c) for division 5— (i) injury within the meaning of paragraph (a) or (b) for a personal offence committed before the commencement; or (ii) injury within the meaning of section 27 for a personal offence committed after the commencement.
- (i) injury within the meaning of paragraph (a) or (b) for a personal offence committed before the commencement; or
- (ii) injury within the meaning of section 27 for a personal offence committed after the commencement.
- (i) injury within the meaning of paragraph (a) or (b) for a personal offence committed before the commencement; or
- (ii) injury within the meaning of section 27 for a personal offence committed after the commencement.
- (a) for compensation or another amount payable under the repealed Act—personal offence as defined under section 21 of that Act; or
- (b) for compensation or another amount payable under the repealed Criminal Code chapter—an indictable offence relating to the person of any person; or
- (c) for division 5— (i) a personal offence within the meaning of paragraph (a) or (b) committed before the commencement; or (ii) a prescribed offence within the meaning of section 25(8) committed after the commencement.
- (i) a personal offence within the meaning of paragraph (a) or (b) committed before the commencement; or
- (ii) a prescribed offence within the meaning of section 25(8) committed after the commencement.
- (i) a personal offence within the meaning of paragraph (a) or (b) committed before the commencement; or
- (ii) a prescribed offence within the meaning of section 25(8) committed after the commencement.
- (a) in relation to the payment of an amount under section 33 of the repealed Act or section 663D(1)(b) or (c) of the repealed Criminal Code chapter—a personal offence; or
- (b) in relation to the payment of an amount under section 34 of the repealed Act or section 663D(1)(a) of the repealed Criminal Code chapter— (i) for a person helping a police officer to make or attempt to make an arrest—the offence in relation to which the police officer was attempting to make, or making, the arrest, or another offence arising out of substantially the same facts and circumstances as those in relation to which the police officer was attempting to make, or making, the arrest; or (ii) for a person helping a police officer to prevent, or attempt to prevent, an offence or suspected offence—the offence or suspected offence; or
- (i) for a person helping a police officer to make or attempt to make an arrest—the offence in relation to which the police officer was attempting to make, or making, the arrest, or another offence arising out of substantially the same facts and circumstances as those in relation to which the police officer was attempting to make, or making, the arrest; or
- (ii) for a person helping a police officer to prevent, or attempt to prevent, an offence or suspected offence—the offence or suspected offence; or
- (c) in relation to the payment of an amount under section 35 of the repealed Act—a murder or manslaughter.
- (i) for a person helping a police officer to make or attempt to make an arrest—the offence in relation to which the police officer was attempting to make, or making, the arrest, or another offence arising out of substantially the same facts and circumstances as those in relation to which the police officer was attempting to make, or making, the arrest; or
- (ii) for a person helping a police officer to prevent, or attempt to prevent, an offence or suspected offence—the offence or suspected offence; or
- (a) for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 33(1)(a) of the repealed Act—the end of the trial for the personal offence in relation to which the person’s entitlement to make the application arose; or
- (b) for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 33(1)(b)(i) of the repealed Act—the finding that the person who committed the act or omission constituting the personal offence in relation to which the person’s entitlement to make the application arose was suffering from unsoundness of mind when doing the act or making the omission, or was not fit for trial, under the Mental Health Act 2000 , chapter 7, part 6; or
- (c) for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 33(1)(b)(ii) of the repealed Act, or section 663D(1)(b) or (c)(ii) of the repealed Criminal Code chapter—the doing of the act or the making of the omission constituting the personal offence in relation to which the person’s entitlement to make the application arose; or
- (d) for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 33(1)(c) of the repealed Act, or section 663D(1)(c)(i) of the repealed Criminal Code chapter—the notification of the person by the investigating police officer that the person who committed the personal offence in relation to which the person’s entitlement to make the application arose can not be identified or found after appropriate inquiry and search; or
- (e) for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 34 of the repealed Act, or section 663D(1)(a) of the repealed Criminal Code chapter—the giving of the help to the police officer; or
- (f) for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 35 of the repealed Act—the death in relation to which the person’s entitlement to make the application arose; or
- (g) for a person who could have, if this chapter had not commenced, applied for the payment of an amount under section 663D(1)(c)(iii) of the repealed Criminal Code chapter—when the prosecution process for the indictment presented for the personal offence in relation to which the person’s entitlement to make the application arose ends, including, for example, because— (i) the prosecuting agency decides not to continue with the indictment or any other indictment for the personal offence; or (ii) the trial for the personal offence ends and the person is not convicted of the offence; or (iii) the prosecution process for the indictment ends in another way.
- (i) the prosecuting agency decides not to continue with the indictment or any other indictment for the personal offence; or
- (ii) the trial for the personal offence ends and the person is not convicted of the offence; or
- (iii) the prosecution process for the indictment ends in another way.
- (i) the prosecuting agency decides not to continue with the indictment or any other indictment for the personal offence; or
- (ii) the trial for the personal offence ends and the person is not convicted of the offence; or
- (iii) the prosecution process for the indictment ends in another way.