86JInterpretation

1. In this section and in sections 86K to 86X, unless the context otherwise requires,—

   qualifying offence means an offence against any of the provisions of the Crimes Act 1961 listed in Schedule 1AB

   qualifying sentence means,—

   1. for a stage-1 offence, a sentence that is—
      1. a determinate sentence of imprisonment of more than 12 months; or
      2. an indeterminate sentence of imprisonment:
   2. for a stage-2 offence or stage-3 offence, a sentence that is—
      1. a determinate sentence of imprisonment of more than 24 months; or
      2. an indeterminate sentence of imprisonment

   record of first warning, in relation to an offender, means a record of a warning that the offender has under section 86K(4) or 86KA(4) (including, without limitation, a relevant reactivated warning under clause 21 of Schedule 1AA)

   record of subsequent warning, in relation to an offender, means a record of a warning that the offender has under section 86L(4) (including, without limitation, a relevant reactivated warning under clause 21 of Schedule 1AA)

   stage-1 offence means a qualifying offence committed by an offender when the offender—

   1. did not have a record of first warning; and
   2. was at least 18 years old

   stage-2 offence means a qualifying offence committed by an offender when the offender—

   1. had a record of first warning (in relation to 1 or more offences); but
   2. did not have a record of subsequent warning

   stage-3 offence means a qualifying offence committed by an offender when the offender had a record of subsequent warning (in relation to 1 or more offences).