New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 5

5 Meaning of “conviction of serious offence”

(1) For the purposes of this Act, a person shall be taken to have been convicted of a serious offence if:

(a) the person has been convicted, whether summarily or on indictment, of the offence by a court, or

(b) the person has been charged with the offence and the court hearing the charge has made an order in relation to the offence under section 10 of the Crimes (Sentencing Procedure) Act 1999 , or

(c) the person has been sentenced for another offence and the court has, in passing sentence on the person, taken the offence into account under Division 3 of Part 3 of the Crimes (Sentencing Procedure) Act 1999 , or

(d) the person has been charged with the offence and, at any time before the determination of the charge, the person has absconded.

(2) If, by virtue of subsection (1), a person is to be taken to have been convicted of a serious offence, then, for the purposes of this Act:

(a) the person shall, in a case to which paragraph (a) or (b) of that subsection applies, be taken to have been so convicted by the court referred to in the relevant paragraph, and

(b) the conviction shall be taken to have been quashed:

(i) if the person is to be taken to have been convicted of the offence because of subsection (1) (a)-when the conviction is quashed or set aside, or

(ii) if the person is to be taken to have been convicted of the offence because of subsection (1) (b)-when the order made under section 10 of the Crimes (Sentencing Procedure) Act 1999 is quashed or set aside, or

(iii) if the person is to be taken to have been convicted of the offence because of subsection (1) (c)-when the decision of the court under Division 3 of Part 3 of the Crimes (Sentencing Procedure) Act 1999 is quashed or set aside, or

(iv) if the person is to be taken to have been convicted of the offence because of subsection (1) (d)-when, after the person is subsequently brought before a court in respect of the offence with which the person was charged, the person is discharged in respect of the offence or the conviction for the offence is quashed or set aside.

(3) For the purposes of this Act, where an information has been laid alleging the commission of a serious offence by a person, the person shall be taken to have been charged with the offence (but nothing in this subsection limits any other way in which a person is to be taken to be charged with an offence).