Commonwealth Consolidated Acts Commonwealth Consolidated Acts (1)
In this Act:
"public fraud offence" means any of the following:
(a) an offence against section 134.1, 134.2, 135.1 or 135.4 of the
Criminal Code ;
(b) an offence against repealed section 29D or 86A of the Crimes
Act committed after the commencement of this Act;
(c) an offence against section 5, 6, 7 or 8 of the Crimes
(Taxation Offences) Act 1980 committed after the commencement of this Act;
(d) an ancillary offence in relation to an offence covered by
paragraph (b) or (c).
(a) a serious narcotics offence; or
(b) a money laundering offence in relation to the proceeds of a
serious narcotics offence; or
(c) an ancillary offence in relation to an offence covered by
paragraph (a) or (b); or
(d) an offence that is the subject of a declaration under
section 96A.
(1A) Paragraph (d) of the definition of serious offence in
subsection (1) has effect subject to subsections 96A(2), (4) and (6).
(2)
In this section:
"ancillary offence" , in relation to an offence (in this definition called the
main offence ), means:
(a) an offence of conspiring to commit the main offence;
(b) an offence of aiding, abetting, counselling or procuring, or being
in any way knowingly concerned in, the commission of the main offence;
(c) an offence of receiving or assisting another person in order to
enable the person to escape punishment for, or to dispose of the proceeds of,
the main offence; or
(d) an offence of attempting to commit the main offence.
"money laundering offence" means an offence against section 81.
"possession" includes possession for supply.
"production" includes growing and manufacture.
"serious narcotics offence" means an offence:
(a) constituted by the production, possession, supply, importation or
export of a narcotic substance; and
(b) involving a quantity of the narcotic substance that is equal to or
greater than the trafficable quantity applicable to the narcotic substance.
"trafficable quantity" , in relation to a narcotic substance, means:
(a) if paragraph (b) does not apply—a trafficable quantity
of the substance within the meaning of the Customs Act; or
(b) if the law against which the offence is committed is not the
Customs Act and that law includes references to trafficable quantity—a
trafficable quantity of the substance within the meaning of that law.
(3)
To avoid doubt, express references in this section to
ancillary offences do not imply that section 11.6 of the Criminal Code
has no application to a particular provision of this Act.