Criminal Code Act Compilation Act 1913

In this section —

includes a finding or admission of guilt despite a conviction not being recorded under the Young Offenders Act 1994 section 55; but

does not include a conviction that has been set aside or quashed;

an offence under section 378; or

an offence of attempting to commit, or inciting another person to commit, an offence under section 378.

This section applies if a person —

is convicted of a stealing offence (the current stealing offence); and

has committed, and been convicted of, at least 2 offences that are also stealing offences (each a previous stealing offence) within the period of 1 year before the person’s conviction for the current stealing offence.

The summary conviction penalty in section 426(4) does not apply in relation to the conviction of the person for the current stealing offence.

For the purposes of subsection (2)(b) —

convictions for 2 or more previous stealing offences committed on the same day are to be treated as a single conviction; and

each previous stealing offence is to be counted regardless of whether —

the conviction for the offence was recorded before or after the date on which the current stealing offence, or any other previous stealing offence, was committed; or

the conviction for the offence has been counted under this section in relation to a different stealing offence.