13Definitions

13 Definitions

(1) In this Part—

disqualifying offence means any offence—

(a) against Part 5 of the Drugs, Poisons and Controlled Substances Act 1981 involving—

(i) trafficking in a drug of dependence; or

(ii) cultivation of narcotic plants in any commercial quantity—

within the meaning of that Act;

(b) committed outside Victoria that would, if it were committed in Victoria, be an offence against Part 5 of the Drugs, Poisons and Controlled Substances Act 1981 involving—

(i) trafficking in a drug of dependence; or

(ii) cultivation of narcotic plants in any commercial quantity—

within the meaning of that Act;

(c) involving assault or violence against the person;

(d) involving dishonesty or theft;

(e) against the Control of Weapons Act 1990, involving a controlled weapon or a prohibited weapon within the meaning of that Act;

(f) committed outside Victoria that would, if it were committed in Victoria, be an offence involving a controlled weapon or a prohibited weapon within the meaning of the Control of Weapons Act 1990;

(g) involving a firearm within the meaning of the Firearms Act 1996;

(h) against section 75 or 75A of the Crimes Act 1958 or an equivalent provision in another State or a Territory;

(i) against Part 5.3 of the Criminal Code of the Commonwealth;

(j) against the Terrorism (Community Protection) Act 2003;

(k) committed outside Victoria that would, if it were committed in Victoria, be an offence against the Terrorism (Community Protection) Act 2003.

(2) Subject to subsection (3), in this Part prohibited person means—

(a) a person in relation to whom not more than 10 years have expired since that person was convicted of a disqualifying offence; or

(b) a person in relation to whom not more than 5 years have expired since that person has been found guilty of a disqualifying offence without a conviction being recorded.

(3) A person is not a prohibited person merely because that person was, in respect of an offence referred to in paragraph (c), (d), (e), (f) or (g) of the definition of disqualifying offence, convicted of a disqualifying offence or found guilty of a disqualifying offence without a conviction being recorded, and one of the following applies—