49Operation of Division

#### 49 Operation of Division 49 Operation of Division > > (1) Application to proved offences This Division applies where a court finds an offence against this Act or the regulations proved. > > > (2) Meaning of proved offences Without limiting the generality of subsection (1), a court finds an offence proved if— > > > > > (a) the court convicts the offender of the offence, or > > > > > (a1) the court makes a conditional release order under section 9 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) in respect of the offender in relation to the offence (where the court does not proceed to conviction), or > > > > > (b) the court makes an order under section 10 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) against the offender in relation to the offence (in which case the order is not a punishment for the purposes of that section). > > > (3) Definitions In this Division— > > > > the court means the court that finds the offence proved. > > > > the offender means the person who is found to have committed the offence. > > **s 49:** Am 2017 No 53, Sch 4.16.