New South Wales Consolidated Acts

CRIMES (HIGH RISK OFFENDERS) ACT 2006 - SECT 5

5 Definitions of "serious sex offence" and "offence of a sexual nature"

(1) For the purposes of this Act, a
"serious sex offence" means any of the following offences--

(a) an offence under Division 10 of Part 3 of the Crimes Act 1900 , where--

(i) in the case of an offence against an adult or a child, the offence is punishable by imprisonment for 7 years or more, and

(ii) in the case of an offence against an adult, the offence is committed in circumstances of aggravation (within the meaning of the provision under which the offence arises),

(a1) an offence under section 61K or 66EA of the Crimes Act 1900 ,

(b) an offence under section 37(2), 38, 86 (1) (a1), 111, 112, 113 or 114 (1) (a), (c) or (d) of the Crimes Act 1900 that has been committed with intent to commit an offence under Division 10 of Part 3 of the Crimes Act 1900 , where the offence intended to be committed is punishable by imprisonment for 7 years or more,

(b1) an offence against section 50BA of the Crimes Act 1914 of the Commonwealth,

(b2) an offence against section 71.8 of the Commonwealth Criminal Code,

(b3) an offence against section 271.4 or 271.7 of the Commonwealth Criminal Code,

(b4) an offence against the Commonwealth Criminal Code, section 272.8, 272.10, 272.11, 272.12, 272.13, 272.14, 272.15, 272.15A, 272.19 or 273.7,

(b5) an offence against the Commonwealth Criminal Code, section 471.22, 471.24, 471.25, 471.25A, 474.23A, 474.24A, 474.25B, 474.26, 474.27 or 474.27AA,

and includes--

(c) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be a serious sex offence for the purposes of this Act, and

(c1) an offence by a person that, at the time it was committed, was not a serious sex offence for the purposes of this Act but which was committed in circumstances that would make the offence a serious sex offence if it were committed at the time an application for an order against the person is made under this Act, and

(d) any other offence that, at the time it was committed, was a serious sex offence for the purposes of this Act.

(2) For the purposes of this Act, an
"offence of a sexual nature" means any of the following offences--

(a) an offence under Division 10 of Part 3 of the Crimes Act 1900 ,

(a1) an offence under the Crimes Act 1900 , Part 3, Division 10A,

(b) an offence under section 37(2), 38, 111, 112 or 113 of the Crimes Act 1900 that has been committed with intent to commit an offence referred to in paragraph (a),

(c) an offence under Division 15 or 15A of Part 3 of the Crimes Act 1900 ,

(d) an offence under section 11G of the Summary Offences Act 1988 ,

(e) an offence under section 91J, 91K, 91L or 91M of the Crimes Act 1900 in relation to the observing or filming of a child,

(f) an offence under section 17 or 18 of the Child Protection (Offenders Registration) Act 2000 ,

(g) an offence under section 13 of the Child Protection (Offenders Prohibition Orders) Act 2004 ,

(h) an offence under section 12 of this Act,

(h1) an offence against section 50BB, 50BC, 50BD, 50DA or 50DB of the Crimes Act 1914 of the Commonwealth,

(h2) an offence against section 71.12 of the Commonwealth Criminal Code,

(h3) an offence against the Commonwealth Criminal Code, section 272.9, 272.18, 272.20, 273.6 or 273A.1,

(h4) an offence against the Commonwealth Criminal Code, section 471.19, 471.20, 471.26, 474.22, 474.22A, 474.23, 474.25A or 474.27A,

(h5) an offence against section 233BAB of the Customs Act 1901 of the Commonwealth involving items of child pornography or child abuse material,

and includes--

(i) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence of a sexual nature for the purposes of this Act, and

(j) any other offence that, at the time it was committed, was an offence of a sexual nature for the purposes of this Act.

(3) In this section--

"Commonwealth Criminal Code" means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.