Interpretation
52 Interpretation
In this Division—
community based custodial sentence has the same meaning as in section 25;
conviction means a finding of guilt by a court, or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded;
serious offence means—
a serious firearm offence within the meaning of Division 3; or
any of the following offences if the maximum penalty prescribed for the offence is, or includes, imprisonment for at least 5 years:
an offence under Part 5 Division 2 or 3 of the Controlled Substances Act 1984;
an offence under a law of the Commonwealth dealing with the unlawful importation of drugs into Australia;
an offence involving a terrorist act (within the meaning of Part 5.3 of the Criminal Code of the Commonwealth);
an offence under Part 3 of the Criminal Law Consolidation Act 1935;
an offence under section 137 of the Criminal Law Consolidation Act 1935;
an offence under section 170 of the Criminal Law Consolidation Act 1935;
an aggravated offence under section 170A of the Criminal Law Consolidation Act 1935;
an offence under section 85(1) of the Criminal Law Consolidation Act 1935;
an offence under section 85B of the Criminal Law Consolidation Act 1935;
a serious and organised crime offence (within the meaning of the Criminal Law Consolidation Act 1935);
an offence against section 31(2aa)(b) of the Intervention Orders (Prevention of Abuse) Act 2009;
an offence under a corresponding previous enactment substantially similar to an offence referred to in a preceding subparagraph;
a conspiracy to commit, or an attempt to commit, an offence referred to in a preceding subparagraph;
an offence under the law of another State or a Territory involving conduct that would, if committed in this State, be a serious offence, provided that an offence listed in paragraph (a) or (b) is not a serious offence unless a sentence of imprisonment (other than a wholly suspended sentence or a sentence that consists only of a community based custodial sentence) has been, or is to be, imposed for the offence;
serious repeat offender—see section 53;
serious sexual offence means a serious offence that is—
an offence under section 48, 48A, 49, 50, 56, 58, 59, 60, 63, 63B(1), 66, 67, 68 or 72 of the Criminal Law Consolidation Act 1935 where the victim was under the age of 14 years at the time of the offence; or
an offence under section 63B(3) of the Criminal Law Consolidation Act 1935 where—
the victim was under the age of 14 years at the time of the offence; or
the victim was a fictitious person represented to the defendant as a real person whom the defendant believed to be under the age of 14 years at the time of the offence; or
an offence under section 51 of the Criminal Law Consolidation Act 1935; or
an offence under a corresponding previous enactment substantially similar to an offence referred to in a preceding paragraph; or
an attempt to commit or an assault with intent to commit an offence referred to in a preceding paragraph; or
an offence under the law of another State or a Territory involving conduct that would, if committed in this State, be a serious sexual offence.
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