South Australian Consolidated Acts

SUMMARY PROCEDURE ACT 1921 - SECT 4

4—Interpretation

        (1)         In this Act, unless inconsistent with the context—

"the Chief Magistrate" means the person for the time being holding, or acting in, the office of the Chief Magistrate under the Magistrates Act 1983 ;

"complaint" includes a charge of a minor indictable offence, if, and when, the Magistrates Court proceeds to dispose of such charge summarily;

"Court" means the Magistrates Court of South Australia;

"defendant" means person charged with any offence or against whom relief is sought or granted;

"firearms order" means an order under section 99D supplementary to an order under section 99;

"foreign restraining order" means an order made under a law of another State or a Territory of the Commonwealth or New Zealand declared by regulation to be a law corresponding to Division 7 of Part 4;

"industrial magistrate" means a magistrate assigned by the Governor under section 19A of the Fair Work Act 1994 to be an industrial magistrate;

"industrial offence" means a summary offence declared by regulation under this Act to be an industrial offence;

"investigating officer" means—

            (a)         an officer of the police force; or

            (b)         a person authorised under an Act to investigate offences;

"major indictable offence" means any indictable offence except a minor indictable offence;

"minor indictable offence"—see section 5;

"offence of violence" means an offence where the offender—

            (a)         uses a weapon, or threatens to use a weapon, against another; or

            (b)         inflicts serious harm on another, or threatens to inflict serious harm on another,

for the purpose of committing the offence, or escaping from the scene of the offence;

"personal service" of a summons or notice means service under section 27(1); and the adverb "personally" when used in relation to the verb "to serve" has a corresponding meaning;

"the Principal Registrar" means the Principal Registrar of the Magistrates Court;

"Registrar" means the Principal Registrar or any other Registrar of the Magistrates Court;

"restraining order" means an order made under Division 7 of Part 4;

"rules" means the rules of the Magistrates Court;

"sensitive material"—see section 67H of the Evidence Act 1929 ;

"sensitive material notice"—see section 67I of the Evidence Act 1929 ;

"sexual offence" means an offence under the Criminal Law Consolidation Act 1935 of the following kind:

            (a)         rape; or

            (ab)         compelled sexual manipulation; or

            (b)         indecent assault; or

            (ba)         persistent sexual exploitation of a child; or

            (c)         any offence involving unlawful sexual intercourse or an act of gross indecency; or

            (d)         incest; or

            (e)         any attempt to commit or assault with intent to commit, any of the foregoing offences;

"Special Act" means statute, rule, regulation, or by-law authorising the making of the conviction or order, or the determination or adjudication in question, or otherwise specially applicable to the case;

"summary offence"—see section 5;

"telephone" includes any telecommunication device.

        (2)         A reference in the provisions of this Act other than Part 7 to a solicitor shall be deemed to include a reference to a law clerk articled to the solicitor and appearing on the solicitor's instructions.