5Definitions of “serious sex offence” and “offence of a sexual nature”

#### 5 Definitions of “serious sex offence” and “offence of a sexual nature” 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](/view/html/inforce/current/act-1900-040), 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](/view/html/inforce/current/act-1900-040), > > > > > (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](/view/html/inforce/current/act-1900-040) that has been committed with intent to commit an offence under Division 10 of Part 3 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), 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](http://www.legislation.gov.au/) 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](/view/html/inforce/current/act-1900-040), > > > > > (a1) an offence under the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), Part 3, Division 10A, > > > > > (b) an offence under section 37(2), 38, 111, 112 or 113 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) 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](/view/html/inforce/current/act-1900-040), > > > > > (d) an offence under section 11G of the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025), > > > > > (e) an offence under section 91J, 91K, 91L or 91M of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) 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](/view/html/inforce/current/act-2000-042), > > > > > (g) an offence under section 13 of the [Child Protection (Offenders Prohibition Orders) Act 2004](/view/html/inforce/current/act-2004-046), > > > > > (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](http://www.legislation.gov.au/) 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](http://www.legislation.gov.au/) 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](http://www.legislation.gov.au/) set out in the Schedule to the [Criminal Code Act 1995](http://www.legislation.gov.au/) of the Commonwealth. > > **s 5:** Am 2008 No 53, Sch 9 \[1\]; 2008 No 105, Sch 2.5 \[1\] \[2\]; 2010 No 137, Sch 1 \[3\]; 2012 No 67, Sch 3.4 \[1\]; 2017 No 54, Sch 1 \[11\]–\[13\]; 2018 No 30, Sch 5.3A; 2021 No 46, Sch 1.2\[1\] \[2\]; 2024 No 6, Sch 1\[2\] \[3\].