Criminal Assets Confiscation Act 2005

For the purposes of this Act, a person is a prescribed drug offender if the person is convicted of a serious drug offence (the conviction offence) committed after the commencement of this section and—

the conviction offence is a commercial drug offence;

the person has at least 2 other convictions for prescribed drug offences and those offences and the conviction offence were all committed on separate occasions within a period of 10 years, not including any period during which the person was in government custody.

A conviction may be taken into account for the purposes of subsection (1)(b)—

whether the offence to which the conviction relates was committed before or after the commencement of this section; and

whether or not the offence to which the conviction relates has previously been taken into account for the purposes of any proceeding under this Act; and

whether or not the conviction occurs simultaneously with, or in the same proceedings as, the conviction for the conviction offence.

In this section—

an offence against section 32(1) or (2), section 33(1) or (2), section 33A(1) or (2), section 33B(1) or (2) or section 33C(1) or (2) of the Controlled Substances

an offence against Part 5 Division 3 of the

is detained in a training centre within the meaning of the

is detained as a result of being declared liable to supervision under Part 8A of the Criminal Law

custody as a prisoner or detainee; or

custody under a home detention order under Part 3

custody under a law of another jurisdiction in the nature of custody referred to in paragraph (a) or (ab);

a serious drug offence; or

an offence against a former law of the State of a kind prescribed by regulation; or

an external serious drug offence;