Interpretation(1) In this Act, unless the context or subject-matter otherwise indicates or requires:Aircraft includes any machine that can derive support in the atmosphere from the reactions of the air.
Banker includes every director or manager of any banking company, whether incorporated or not, or of any branch thereof, and every person carrying on the business of a banker.
Cattle includes any horse, mare, gelding, colt, foal, filly, ass, mule, bull, cow, ox, steer, heifer, calf, ram, ewe, sheep, lamb, pig, goat, deer, alpaca, llama, vicuna, camel, or dromedary, and every hybrid or cross thereof.
Counsel includes attorneys.
Court and Judge respectively shall be equally taken to mean the Court in which or the Judge before whom the trial or proceeding is had in respect of which either word is used.
Document of title to goods includes every bill of lading, India warrant, dock warrant, warehouse-keeper’s certificate, warrant, or order for the delivery or transfer of any goods or valuable thing, and every bought and sold note or document used in the ordinary course of business as proof of the possession or control of goods, or purporting to authorise by indorsement or delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to.
Document of title to land includes every deed, certificate of title, map, paper, or parchment, written or printed, or partly written and partly printed, being or containing evidence of the title, or part of the title, to any real estate or to any interest in or out of real estate.
Domestic violence offence means a personal violence offence committed against:
(a) a person who is or has been married to the person who commits the offence, or(b) a person who is living with or has lived with the person who commits the offence as his wife or her husband, as the case may be, on a bona fide domestic basis although not married to him or her, as the case may be, or(c) a person who is living with or has lived ordinarily in the same household as the person who commits the offence (otherwise than merely as a tenant or boarder), or(d) a person who is or has been a relative (within the meaning of subsection (6)) of the person who commits the offence, or(e) a person who has or has had an intimate personal relationship with the person who commits the offence.Dwelling-house includes:
(a) any building or other structure intended for occupation as a dwelling and capable of being so occupied, although it has never been so occupied,(b) a boat or vehicle in or on which any person resides, and(c) any building or other structure within the same curtilage as a dwelling-house, and occupied therewith or whose use is ancillary to the occupation of the dwelling-house.Governor means, except in respect of the exercise of the pardoning power, the Governor with the advice of the Executive Council.
Grievous bodily harm includes any permanent or serious disfiguring of the person.
Indictment includes any information presented or filed as provided by law for the prosecution of offences.
Judge—see Court.
Justice means a Justice of the Peace.
Loaded arms means any gun, pistol, or other arms, loaded in the barrel or chamber or magazine with gunpowder or other explosive substance, and with ball, shot, slug, or other destructive material, although the attempt to discharge may fail from want of proper priming, or from any other cause; and every gun, pistol, or other arms, unlawfully presented at any person, shall be deemed to be loaded unless the contrary is shown.
Member of the crew in relation to an aircraft means a person having functions or duties on board the aircraft.
Money includes all coined money, whether current within New South Wales or not, and all bank notes or instruments ordinarily so called, if current as such, and payable to the bearer.
Night means the period of time commencing at nine of the clock in the evening of each day and concluding at six of the clock in the morning of the next succeeding day.
Offensive weapon and Offensive weapon, or instrument include an imitation or replica of an offensive weapon or of an offensive weapon, or an instrument, as the case may require.
Officer, in relation to a body corporate or public company, includes a person who has been appointed, or acts, as an auditor of the body corporate or public company.
Person, Master, and Employer severally include, any society, company, or corporation.
Personal violence offence means:
(a) an offence under, or mentioned in, section 19, 24, 27, 28, 29, 30, 33, 33A, 35, 39, 41, 44, 46, 47, 48, 49, 58, 59, 61, 61B, 61C, 61D or 61E, or(b) an offence of attempting to commit an offence referred to in paragraph (a).Place of Divine worship includes any building or structure ordinarily used for Divine worship.
Prescribed sexual offence means:
(a) an offence under section 61B, 61C, 61D, 61E, 65A, 66A, 66B, 66C, 66D, 66F, 78H, 78I, 78K or 78L,(b) an offence (such as an offence under section 37 or 112) which includes the commission, or an intention to commit, an offence referred to in paragraph (a), or(c) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a) or (b).Prescribed sexual offence proceedings means proceedings in which a person stands charged with a prescribed sexual offence, whether the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.
Property includes every description of real and personal property; money, valuable securities, debts, and legacies; and all deeds and instruments relating to, or evidencing the title or right to any property, or giving a right to recover or receive any money or goods; and includes not only property originally in the possession or under the control of any person, but also any property into or for which the same may have been converted or exchanged, and everything acquired by such conversion or exchange, whether immediately or otherwise.
Property belonging to a vessel includes every portion of its cargo, and property belonging to any of the officers, crew, or passengers thereof.
Railway includes a tramway, and also includes all stations, buildings, structures and equipment belonging to or associated with a railway or tramway.
Trustee means a trustee on some express trust howsoever created, and includes the heir or personal representative of such trustee, and every other person upon whom the duty of such trust shall have devolved, and also any official manager, assignee, liquidator, or other like officer, acting under any Act relating to joint stock companies or to bankruptcy or insolvency and also an executor or administrator.
Valuable security includes every order or other security whatsoever entitling or evidencing the title of any person to any share or interest in any public stock or fund, whether of any part of the British dominions or of any Foreign State, or in any fund of any body corporate, company, or society, whether within or without the British dominions, or to any deposit in any bank; and every debenture, deed, bond, bill, note, cheque, warrant, order, or security whatsoever for money, or for payment of money, whether current in any part of the British dominions or in any Foreign State, and every document of title to land or goods, as herein defined.
Vessel means any ship or vessel used in or intended for navigation, not being an undecked boat.
Weapon and Weapon, or instrument include an imitation or replica of a weapon or of a weapon, or an instrument, as the case may require.
(2) A dwelling-house does not cease to be a dwelling-house by reason only of being temporarily unoccupied.(3) Notwithstanding section 35 of the Interpretation Act 1987, every heading to a provision of this Act shall be taken to be part of this Act if it appears in italics or in capital letters.(4) In this Act, except in so far as the context or subject-matter otherwise indicates or requires, a reference to an offence mentioned in a specified provision of this Act that has been amended or repealed is, or includes, a reference to an offence mentioned in the provision as in force before its amendment or repeal.(5) In this Act, a reference to:(a) conviction before Justices, or(b) conviction before two Justices,includes a reference to conviction before a Local Court.(6) For the purposes of the definition of domestic violence offence, a relative is:(a) a father, mother, grandfather, grandmother, step-father, step-mother, father-in-law or mother-in-law, or(b) a son, daughter, grandson, granddaughter, step-son, step-daughter, son-in-law or daughter-in-law, or(c) a brother, sister, half-brother, half-sister, brother-in-law or sister-in-law, or(d) an uncle, aunt, uncle-in-law or aunt-in-law, or(e) a nephew or niece, or(f) a cousin,and includes, in the case of de-facto partners, a person who would be such a relative if the de-facto partners were married.
Maliciously: Every act done of malice, whether against an individual or any corporate body or number of individuals, or done without malice but with indifference to human life or suffering, or with intent to injure some person or persons, or corporate body, in property or otherwise, and in any such case without lawful cause or excuse, or done recklessly or wantonly, shall be taken to have been done maliciously, within the meaning of this Act, and of every indictment and charge where malice is by law an ingredient in the crime.
In this Act, and in every sentence passed by any Court or Judge or Justice under this or any other Act or at Common Law, unless the contrary is expressed:Month means a calendar month.
Where by this or any other Act the felonious receiving of any property, or its possession without lawful cause or excuse, is expressed to be an offence, every person shall be deemed to have such property in his possession within the meaning of such Act who:(a) has any such property in his custody, or(b) knowingly has any such property in the custody of another person, or(c) knowingly has any such property in a house, building, lodging, apartment, field, or other place, whether belonging to or occupied by himself or not, and whether such property is there had or placed for his own use, or the use of another.
Where, by this or any other Act, or by any rule, regulation, ordinance or by-law, duly made under or by virtue of the provisions of any Act, any offence, conduct, or language, in a public place, or open and public place, or place of public resort, is made punishable, or a person guilty thereof is made liable to apprehension, the place shall be deemed public for the purposes of the enactment or taken to be otherwise within its meaning if the same, although a vessel or vehicle only, or a room, or field, or place, ordinarily private, was at the time used for a public purpose, or as a place of common resort, or was open to the public on the payment of money or otherwise.
Whenever by this Act a person is made liable to the punishment of penal servitude, the offence for which such punishment may be awarded is hereby declared to be and shall be dealt with as a felony, and wherever in this Act the term felony is used, the same shall be taken to mean an offence punishable by penal servitude.
10 What offences misdemeanours
Whenever by this Act no greater punishment can be awarded than imprisonment, with or without hard labour, or the imposition of a fine, in addition to or without imprisonment, the offence shall be and be dealt with as a misdemeanour only.