(1) For the purposes of this Act, a
"serious violence offence" is a serious indictable offence that is constituted
by a person--
(a) engaging in conduct that causes the death of another person
or grievous bodily harm to another person, with the intention of causing, or
while being reckless as to causing, the death of another person or grievous or
actual bodily harm to another person, or
(b) attempting to commit, or
conspiring with or inciting another person to commit, an offence of a kind
referred to in paragraph (a).
(2) An offence that includes the elements
referred to in subsection (1) (a) is a serious violence offence regardless of
how those elements are expressed, and whether or not the offence includes
other elements.
(2A) A reference in subsection (1) (a) to--
(a) conduct that
causes the death of another person with the intention of causing the death of
another person includes a reference to murder by an act done (by a person or
an accomplice) in an attempt to commit, or during or immediately after the
commission of, a serious crime, and
(b) conduct that causes the death of
another person while being reckless as to causing the death of another person
includes a reference to manslaughter caused by an unlawful and dangerous act,
and
(c) conduct that causes grievous bodily harm to another person includes
conduct that causes the wounding of another person, but only if the conduct
was engaged in with the intention of causing the death of another person or
grievous bodily harm to another person.
(b) an offence committed
elsewhere than in New South Wales that, if committed in New South Wales, would
be a serious indictable offence within the meaning of the Crimes Act 1900 at
the time that it was committed, or
(c) an offence that, at the time that it
was committed, was not a serious indictable offence but which was committed in
circumstances that would make the offence a serious indictable offence if it
were committed at the time an application for an order against the person is
made under this Act.