SENTENCING ACT 2017 - SECT 52
SENTENCING ACT 2017 - SECT 52
In this Division—
"community based custodial sentence" has the same meaning as in
section 25;
"serious offence" means—
(a) a
serious firearm offence within the meaning of Division 3; or
(b) any
of the following offences if the maximum penalty prescribed for the offence
is, or includes, imprisonment for at least 5 years:
(i)
an offence under Part 5 Division 2 or 3 of the
Controlled Substances Act 1984 ;
(ii)
an offence under a law of the Commonwealth dealing with
the unlawful importation of drugs into Australia;
(iii)
an offence involving a terrorist act (within the meaning
of Part 5.3 of the Criminal Code of the Commonwealth);
(iv)
an offence under Part 3 of the
Criminal Law Consolidation Act 1935 ;
(v)
an offence under section 137 of the
Criminal Law Consolidation Act 1935 ;
(vi)
an offence under section 170 of the
Criminal Law Consolidation Act 1935 ;
(vii)
an aggravated offence under section 170A of the
Criminal Law Consolidation Act 1935 ;
(viii)
an offence under section 85(1) of the Criminal Law
Consolidation Act 1935 ;
(ix)
an offence under section 85B of the Criminal Law
Consolidation Act 1935 ;
(x)
a serious and organised crime offence (within the meaning
of the Criminal Law Consolidation Act 1935 );
(xa) an
offence against section 31(2aa)(b) of the Intervention Orders (Prevention of
Abuse) Act 2009 ;
(xi)
an offence under a corresponding previous enactment
substantially similar to an offence referred to in a preceding subparagraph;
(xii)
a conspiracy to commit, or an attempt to commit, an
offence referred to in a preceding subparagraph;
(xiii)
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—
(a) 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
(ab) an
offence under section 63B(3) of the Criminal Law Consolidation
Act 1935 where—
(i)
the victim was under the age of 14 years at the time
of the offence; or
(ii)
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
(b) an
offence under section 51 of the Criminal Law Consolidation Act 1935
; or
(c) an
offence under a corresponding previous enactment substantially similar to an
offence referred to in a preceding paragraph; or
(d) an
attempt to commit or an assault with intent to commit an offence referred to
in a preceding paragraph; or
(e) 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.