LEGISLATION ACT 2001 - SECT 189 Reference to offence includes reference to related ancillary offences

LEGISLATION ACT 2001 - SECT 189

A reference to an offence against an ACT law includes a reference to an offence against the Criminal Code

, part 2.4 (Extensions of criminal responsibility) or section 717 (Accessory after the fact) that relates to the ACT law.

Example

X is the holder of a licence under the Plant Development Act 2001 (hypothetical). The Plant Development Act, s 23 provides for the cancellation of a licence if a licence holder commits an offence against the Act. While his business premises are being inspected, X incites an employee to obstruct the inspector. As a result, the employee obstructs the inspector (which is an offence against the Act). X is later convicted of the offence of incitement against the Criminal Code

, s 47 (which is an offence in the Criminal Code

, pt 2.4). Because of the Legislation Act, s 189, X is taken to have committed an offence against the Plant Development Act and is therefore liable to have his licence cancelled.

Note     The result would be the same if X had been convicted of conspiracy relating to the offence of obstruction in the Plant Development Act.

Apart from the Legislation Act, s 189, the following offences in the Criminal Code

, pt 2.4 could also apply to the offence in the Plant Development Act:

              •     attempt (s 44 (Attempt))

              •     aiding and abetting (s 45 (Complicity and common purpose)).