Section 5 Crimes (Serious Sex Offenders) Act 2006 | What is a serious sex offence?


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The Legislation

Section 5 of the Crimes (Serious Sex Offenders) Act 2006 relates to What is a serious sex offence?

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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 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,
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,
(b) an offence under section 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,
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.