Subdiv 7Miscellaneous

Subdivision 7—Miscellaneous 48N—Inquiries by medical practitioners If, for the purposes of this Division, the Supreme Court directs that at least 2 legally qualified medical practitioners inquire into the mental condition of a person and report to the Court on whether the person is incapable of controlling, or unwilling to control, the person's sexual instincts, each medical practitioner so nominated— (a) must carry out an independent personal examination of the person; and (b) may have access to any evidence before the court by which the person was convicted; and (c) may obtain the assistance of a psychologist, social worker, community corrections officer or any other person. Division 3—Serious firearm offenders 49—Interpretation (1) In this Division— serious drug offence means an offence under section 32, 33, 33A, 33B, 33C, 33F, 33G, 33H, 33I, 33J, 33K, 33LA or 33LB of the Controlled Substances Act 1984; serious firearm offence means— (a) an offence under the Criminal Law Consolidation Act 1935 or the Firearms Act 2015 involving the use or carriage of— (i) a category H firearm— (A) that is unregistered at the time of the offence or is registered in the name of a person other than the defendant; and (B) for which the defendant does not, at the time of the offence, hold a firearms licence authorising possession of the firearm; or (ii) a category C firearm or category D firearm that is an automatic firearm; or (iii) a prescribed firearm (other than a firearm declared by the regulations to be excluded from the ambit of this subparagraph); or (iv) any other firearm declared by the regulations to be included in the ambit of this paragraph; or (b) an offence under the Criminal Law Consolidation Act 1935 or the Firearms Act 2015 involving the use or possession of a firearm and committed— (i) while the defendant is the subject of a control order under the Serious and Organised Crime (Control) Act 2008; or (ii) in the circumstances contemplated by section 5AA(1)(ga) of the Criminal Law Consolidation Act 1935; or (iii) while the defendant is the subject of a firearms prohibition order; or (c) an offence under section 29A of the Criminal Law Consolidation Act 1935; or (d) an offence under the Firearms Act 2015 involving the use or possession of a firearm if the use or possession of the firearm occurred in the course of, or was for a purpose related to, the commission of a serious drug offence; or (e) an offence under the Firearms Act 2015 committed while the defendant— (i) is on bail (being bail that was, at the relevant time, subject to the condition imposed by section 11(1)(a) of the Bail Act 1985); or (ii) is the subject of a bond under this or any other Act (being a bond that was, at the relevant time, subject to the condition imposed by section 96(2)(a), or a condition of a similar kind); or (iii) is serving a sentence on home detention under a home detention order subject to the condition imposed by section 72(1)(e); or (iv) is on release from prison on home detention (being a release subject to the condition imposed by section 37A(3)(ca) of the Correctional Services Act 1982); or (v) is on parole (being parole that was, at the relevant time, subject to the condition imposed by section 68(1)(a)(ia) of the Correctional Services Act 1982); or (vi) is on release on licence from custody under this or any other Act (being a licence that was, at the relevant time, subject to a condition prohibiting the defendant from possessing a firearm, part of a firearm or ammunition); or (f) an offence under section 45(9) of the Firearms Act 2015; or (g) an offence under section 22(2)(a) of the Firearms Act 2015; or (h) an offence that was a serious firearms offence within the meaning of section 20AA of the Criminal Law (Sentencing) Act 1988 at the time of the commission of the offence; serious firearm offender means a person who is, by virtue of the operation of section 50, a serious firearm offender. (2) In this Division, the following terms have the same meaning as in the Firearms Act 2015: (a) automatic firearm; (b) category C firearm; (c) category D firearm; (d) category H firearm; (e) firearm; (f) firearms prohibition order; (g) prescribed firearm. (3) For the purposes of this Division, a reference to imprisonment includes, in the case of a youth, a reference to detention in a training centre or home detention (within the meaning of the Young Offenders Act 1993). 50—Serious firearm offenders (1) A person will, by force of this section, be taken to be a serious firearm offender if the person is convicted of a serious firearm offence (whether the offence was committed as an adult or as a youth). (2) Subsection (1) does not apply in relation to a conviction of a serious firearm offence if— (a) the defendant was prosecuted and punished as a principal offender in respect of the offence under section 267 of the Criminal Law Consolidation Act 1935; or (b) the defendant's liability in respect of the offence derives solely from the defendant's involvement in a joint criminal enterprise (however described). 51—Sentence of imprisonment not to be suspended (1) Subject to subsection (2), but despite any other provision of this Act or any other Act or law, the following provisions apply in relation to the sentencing of a person who is a serious firearm offender for a serious firearm offence (including where the offence is the serious firearm offence that resulted in the person being a serious firearm offender): (a) if the maximum penalty for the serious firearm offence includes a period of imprisonment—a sentence of imprisonment must be imposed on the person; (b) the sentence of imprisonment cannot be suspended; (c) section 25 does not apply in respect of the sentencing of the person. (2) A court sentencing a person who is a serious firearm offender for a serious firearm offence may declare that subsection (1)(b) does not apply to the person if the person satisfies the court, by evidence given on oath, that— (a) the person's personal circumstances are so exceptional as to outweigh the paramount consideration of protecting the safety of the community (whether as individuals or in general) and personal and general deterrence; and (b) it is, in all the circumstances, appropriate to suspend the sentence.