New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 67

67 Intensive correction order not available for certain offences

(1) An intensive correction order must not be made in respect of a sentence of imprisonment for any of the following offences--

(a) murder or manslaughter,

(b) a prescribed sexual offence,

(c) a terrorism offence within the meaning of the Crimes Act 1914 of the Commonwealth or an offence under section 310J of the Crimes Act 1900 ,

(d) an offence relating to a contravention of a serious crime prevention order under section 8 of the Crimes (Serious Crime Prevention Orders) Act 2016 ,

(e) an offence relating to a contravention of a public safety order under section 87ZA of the Law Enforcement (Powers and Responsibilities) Act 2002 ,

(f) an offence involving the discharge of a firearm,

(g) an offence that includes the commission of, or an intention to commit, an offence referred to in paragraphs (a)-(f),

(h) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraphs (a)-(g).

(2) For the purposes of this section--

"Commonwealth Criminal Code" means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.

"firearm" means a firearm as defined in the Firearms Act 1996 .

"prescribed sexual offence" means--

(a) an offence under Division 10 or 10A of Part 3 of the Crimes Act 1900 , being--

(i) an offence the victim of which is a person under the age of 16 years, or

(ii) an offence the victim of which is a person of any age and the elements of which include sexual intercourse (as defined by section 61H of that Act), or

(b) an offence under section 91D, 91E, 91F, 91G or 91H of the Crimes Act 1900 , or

(c) an offence under section 91J, 91K or 91L of the Crimes Act 1900 , being an offence the victim of which is a person under the age of 16 years, or

(d) an offence against section 50BA, 50BB, 50BC, 50BD, 50DA or 50DB of the Crimes Act 1914 of the Commonwealth, being an offence the victim of which was a person under the age of 16 years, or

(e) an offence against section 71.8, 71.12, 271.4, 271.7, 272.8 (1) or (2), 272.9 (1) or (2), 272.10 (1), 272.11 (1), 272.12 (1) or (2), 272.13 (1) or (2), 272.14 (1), 272.15 (1), 272.18 (1), 272.19 (1), 272.20 (1) or (2), 273.5, 273.6, 273.7, 471.16 (1) or (2), 471.17 (1), 471.19 (1) or (2), 471.20 (1), 471.22 (1), 471.24, 471.25, 471.26, 474.19 (1), 474.20 (1), 474.22 (1), 474.23 (1), 474.24A (1), 474.25A (1) or (2), 474.25B (1), 474.26, 474.27 (1), (2) or (3), 474.27A of the Commonwealth Criminal Code, being an offence the victim of which was a person under the age of 16 years, or

(f) an offence against section 233BAB of the Customs Act 1901 of the Commonwealth involving items of child pornography or child abuse material, or

(g) an offence that, at the time it was committed, was a prescribed sexual offence within the meaning of this definition, or

(h) an offence under a previous enactment that is substantially similar to an offence referred to in paragraphs (a)-(g).

(3) To avoid doubt, subsection (1) extends to a sentence of imprisonment for 2 or more offences any 1 of which includes an offence referred to in that subsection.