PROCEEDS OF CRIME ACT 1987 - SECT 7 Meaning of public fraud offence and serious offence
PROCEEDS OF CRIME ACT 1987 - SECT 7
Meaning of public fraud offence and serious offence"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(b) an offence against repealed section 29D or 86A of the Crimes Act committed after the commencement of this Act;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).
"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.