New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 272

272 Interpretation

(1) In this Division,
"serious offence" means--

(a) an offence under a law of the Commonwealth, a State or Territory, or of another country, involving fraud or dishonesty and punishable on conviction by imprisonment for a period of 3 months or more, or

(b) an offence against section 250 or any of the provisions of Division 5, or

(c) any other offence in relation to the formation, registration or management of an organisation registered under this Chapter, or

(d) any other offence under a law of the Commonwealth, a State or Territory, or of another country, involving the intentional use of violence towards another person, the intentional causing of death or injury to another person or the intentional damaging or destruction of property.

(2) A reference in this Division to a person having been convicted of a serious offence includes a reference to a person having been so convicted before the commencement of this section.

(3) A reference in this Division to a person being convicted of a serious offence does not include a reference to a person being convicted, otherwise than on indictment, of an offence referred to in subsection (1) (c).

(4) A reference in this Division to a person being convicted of a serious offence does not include a reference to a person being convicted of an offence referred to in subsection (1) (d) unless the person has served, or is serving, a term of imprisonment in relation to the offence.

(5) A certificate purporting to be signed by the Industrial Registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was convicted by the court of a specified offence on a specified day is, for the purpose of an application made under this Division, evidence that the person was convicted of the offence on that day.

(6) A certificate purporting to be signed by the Industrial Registrar or other proper officer of a federal court, a court of a State or Territory, or a court of another country, stating that a person was acquitted by the court of a specified offence, or that a specified charge against the person was dismissed by the court, is, for the purpose of an application made under this Division, evidence of the facts stated in the certificate.

(7) A certificate purporting to be signed by the officer in charge of a prison stating that a person was released from the prison on a specified day is, for the purpose of an application made under this Division, evidence that the person was released from the prison on that day.