This is a clause that really provides guidance to the courts as to when they're considering whether to impose a higher MMP because the conviction is a second or subsequent conviction. The offences listed in paragraphs 84(5)(a), (b) and (c) constitute a first offence for the purposes of determining whether the higher MMP would trigger.
Currently section 85 is use of a firearm in the commission of an offence, and section 95 is possession of a prohibited restricted firearm. Sections 99, 100 and 103 are trafficking and smuggling offences. If an individual has been convicted of one of those offences, the court would look to this provision. If they have a previous conviction, it's a broader list, sections 85, 95, 96 and 98. If they have a previous conviction for those offences, there would be a higher MMP imposed by virtue of this provision.