5Interpretation

5 Interpretation (1) In this Act: Aboriginal means: (a) a descendant of the Aboriginal people of Australia; or (b) a descendant of the indigenous inhabitants of the Torres Strait Islands. Aboriginal customary law means: (a) customary law of the Aboriginal people of Australia; or Youth Justice Act 2005 4 (b) customary law of the indigenous inhabitants of the Torres Strait Islands. Aboriginal experience report, for Part 5, Division 4, see section 80B. Aboriginal tradition means: (a) tradition of the Aboriginal people of Australia; or (b) tradition of the indigenous inhabitants of the Torres Strait Islands. alternative detention order means an order made under section 83(1)(j). appropriate authority, in relation to a youth, means: (a) for a youth sentenced to a term of imprisonment – the Commissioner of Correctional Services; or (b) otherwise – the CEO. approved member, for Part 5, Division 4, see section 80A. approved monitoring device means a monitoring device approved under section 140AB. approved project means a rehabilitation project or work, or both, approved under section 97. buccal swab means a procedure where a sample of saliva or mouth cells is taken from the inside of a person's cheek by use of a swab. CEO means the Chief Executive Officer. charge, in respect of an offence, includes: (a) an information in respect of an indictable offence; and (b) a complaint in respect of a summary offence. community court sentencing procedure, for Part 5, Division 4, see section 80A. community work order means an order made under section 83(1)(h). Youth Justice Act 2005 5 community youth justice officer means a person who is appointed as a community youth justice officer under section 140AA. Court means the Youth Justice Court as mentioned in section 45 and, if the context requires, includes the Supreme Court exercising its jurisdiction under this Act. custodial correctional facility, see section 11(1)(a) of the Correctional Services Act 2014. detainee means a youth lawfully detained in a detention centre. detention centre means a youth detention centre approved under section 148. divert, for Part 3, see section 38. emergency situation includes a situation in which there is an imminent risk of a youth: (a) inflicting self-harm; or (b) harming another person; or (c) seriously damaging property. family responsibility agreement means an agreement under Part 6A, Division 2. Fines Recovery Unit means the Fines Recovery Unit established under the Fines and Penalties (Recovery) Act 2001. forensic procedure means an intimate procedure or non-intimate procedure. good behaviour order means an order made under section 83(1)(f). identifying procedure has the meaning in section 8(2). illicit drug or substance has the meaning in section 9. intimate procedure has the meaning in section 7. Law and Justice Group, for Part 5, Division 4, see section 107C(2) of the Sentencing Act 1995. midwife means a person registered under the Health Practitioner Regulation National Law to practise in the midwifery profession (other than as a student). Youth Justice Act 2005 6 monitoring device means one of the following: (a) an electronic device attached to, or worn by, a person for one or more of the following purposes: (i) to monitor a person's compliance with a monitoring order; (ii) to monitor a person's compliance with this Act; (iii) a purpose prescribed by regulation; (iv) to enable electronic reporting of the results of the matters mentioned in subparagraphs (i) to (iii); (b) a voice recognition system that is designed to: (i) verify the voice of a particular person; and (ii) enable the person's geographical location to be monitored. monitoring order means any of the following: (a) an alternative detention order; (b) any other order made under this Act or the Sentencing Act 1995 that: (i) imposes a condition on a youth; and (ii) requires the CEO or a community youth justice officer to monitor compliance with the condition; (c) a parole order as defined in section 3(1) of the Parole Act 1971. non-intimate procedure has the meaning in section 8(1). non-parole period, for a sentence of detention or imprisonment, means a period fixed by the Court during which the youth is not eligible to be released on parole. nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession (other than as a student). official visitor means a person appointed to be an official visitor under section 169. Youth Justice Act 2005 7 parental responsibility means all the duties, powers, responsibilities and authority which, by law, parents have in relation to their children. periodic detention order means an order made under section 83(1)(k). permitted restraint means a restraint device prescribed under section 155(1). preliminary examination means the procedure under Part V of the Local Court (Criminal Procedure) Act 1928 relating to indictable prescribed alcohol/drug test means a test prescribed as mentioned under section 140AF(6)(a). prescribed offence, see section 38A. proceedings, in relation to a youth, includes a preliminary examination. prosecutor includes the Director of Public Prosecutions. relative includes a relative according to Aboriginal tradition or contemporary social practice, a spouse and a de facto partner. responsible adult, in respect of a youth, means a person who exercises parental responsibility for the youth, whether the responsibility is exercised in accordance with contemporary social practice, Aboriginal customary law and Aboriginal tradition or in any other way. restricted drug, for a youth, means any of the following: (a) a dangerous drug as defined in section 3(1) of the Misuse of Drugs Act 1990; (b) a Schedule 4, 8 or 9 substance as defined in section 7 of the Medicines, Poisons and Therapeutic Goods Act 2012; (c) any other drug specified in the youth's monitoring order as one that the youth is not permitted to use. support person has the meaning in section 35. the repealed Act means the Juvenile Justice Act 1983 as in force immediately before the date on which this Act commences. Youth Justice Act 2005 8 victim means: (a) a person who suffers harm arising from an offence; or (b) if a person dies as a result of the commission of the offence, a person who was a relative of, or who was financially or emotionally dependent on, the deceased person. youth has the meaning in section 6. Youth Justice Conference, in relation to a youth, includes: (a) a conference with the victim or victims of the offence the youth is believed to have committed; and (b) a conference with members of the youth's family. Note for subsection (1) The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. (2) In this Act, if the context requires, Local Court Judge includes a Supreme Court Judge. (3) In this Division: intimate part of the body means any of the following: (a) the genital area; (b) the anal area; (c) the buttocks; (d) if the youth is a female – the breasts. non-intimate part of the body means a part of the body that is not an intimate part of the body.