CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 13 Meaning of offence and of particular kinds of offences
CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 13
Meaning of offence and of particular kinds of offences(1) In this Act:
"offence" means an offence against the law of the Territory, the Commonwealth, a State or another Territory.
(2) In this Act:
"ordinary offence" means a relevant offence other than a serious offence.
"relevant offence"—
(a) means either—
(i) an offence punishable by imprisonment for longer than 12 months; or
(ii) an offence against the Work Health and Safety Act 2011
, section 31 (1); and
(b) includes an offence (however described) against the law of the Commonwealth, a State or another Territory that may be dealt with under a law of the Commonwealth, the State or the other Territory as an indictable offence (or in a way corresponding to the way in which an indictable offence against an ACT law may be dealt with), even if it may also be dealt with as a summary offence (however described) in some circumstances.
Note An offence against an ACT law is an indictable offence if it is punishable by imprisonment for longer than 2 years, or is declared by law to be an indictable offence (see Legislation Act
, s 190 (1)).
"serious offence"—
(a) generally—means any of the following:
(i) an offence punishable by imprisonment for 5 years or longer;
(ii) an offence against the Work Health and Safety Act 2011
, section 31 (1);
(iii) any other offence prescribed by regulation; and
(b) for an unexplained wealth provision—includes a schedule offence and any Commonwealth or State offence that corresponds to a schedule offence.
Note State includes the Northern Territory (see Legislation Act
, dict, pt 1).
(3) For this Act, an offence is related to another offence if the physical elements of the 2 offences are the same, or substantially the same, acts or omissions.
(4) In this section:
"schedule offence"—see the Crimes (Sentencing) Act 2005
, section 61B.