140Past conduct included in assessing persistent conduct

#### 140 Past conduct included in assessing persistent conduct 140 Past conduct included in assessing persistent conduct (cf former s 148J) > > (1) A reference in sections 137, 138 and 139 to conduct that constitutes a contravention of section 133 or 343 (4) includes a reference to— > > > > > (a) conduct engaged in by a person before the commencement of this section, and > > > > > (b) conduct engaged in before the commencement of section 133 or 343 (4) that would, if engaged in after that commencement, have constituted a contravention of the provision. > > > (2) However, a person cannot be considered to have persistently engaged in conduct that constitutes a contravention of section 133 or 343 (4) unless at least one instance of that conduct occurred after the commencement of this section. > > > > For the purposes of section 138, at least one instance of the conduct must have occurred after the commencement of that section. > > **s 140:** Am 2001 No 61, Sch 6.2 \[30\].