New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 6

6 Meaning of “serious crime related activity”

(1) In this Act, a reference to a serious crime related activity of a person is a reference to anything done by the person that was at the time a serious criminal offence, whether or not the person has been charged with the offence or, if charged:

(a) has been tried, or

(b) has been tried and acquitted, or

(c) has been convicted (even if the conviction has been quashed or set aside).

(2) In this section, a reference to a serious criminal offence is a reference to:

(a) an offence referred to (before the commencement of the Drug Misuse and Trafficking Act 1985 ) in section 45A of the Poisons Act 1966 :

(i) of supplying any drug of addiction or prohibited drug within the meaning of the Poisons Act 1966 , or

(ii) of cultivating, supplying or possessing any prohibited plant within the meaning of that Act, or

(iii) of permitting any premises, as owner, occupier or lessee of the premises, to be used for the purpose of the cultivation or supply of any prohibited plant within the meaning of that Act or of being concerned in the management of any such premises, or

(b) a drug trafficking offence, or

(c) a prescribed indictable offence, or an indictable offence of a prescribed kind, that is of a similar nature to a drug trafficking offence, including in either case an offence under a law of the Commonwealth, another State or a Territory, or

(d) an offence that is punishable by imprisonment for 5 years or more and involves theft, fraud, obtaining financial benefit from the crime of another, money laundering, extortion, violence, bribery, corruption, harbouring criminals, blackmail, obtaining or offering a secret commission, perverting the course of justice, tax or revenue evasion, illegal gambling, forgery or homicide, or

(e) an offence under section 50A, 51, 51B, 51BA or 51BB of the Firearms Act 1996 , or

(e1) a drug premises offence, or

(f) an offence under section 80D or 80E of the Crimes Act 1900 , or

(g) an offence under Division 15 of Part 3 of the Crimes Act 1900 (other than an offence under section 91D (1) (b) or 91H (3) of that Act), or

(h) an offence under section 197 of the Crimes Act 1900 , being an offence involving the destruction of or damage to property having a value of more than $500, or

(i) an offence under the law of the Commonwealth or a place outside this State (including outside Australia) which, if the offence had been committed in this State, would be a serious criminal offence referred to in paragraphs (a)-(h), or

(j) an offence of attempting to commit, or of conspiracy or incitement to commit, or of aiding or abetting, an offence referred to in any other paragraph of this subsection.

(3) In subsection (2) (b):
"drug trafficking offence" means an offence under any of the following provisions of the Drug Misuse and Trafficking Act 1985 :

(a) section 23 (Offences with respect to prohibited plants),

(b) section 24 (Manufacture and production of prohibited drugs),

(b1) section 24A (Possession of precursors for manufacture or production of prohibited drugs),

(c) section 25 (Supply of prohibited drugs),

(c1) section 25A (Offence of supplying prohibited drugs on an ongoing basis),

(d) section 26 in so far as it relates to conspiring to commit an offence referred to in paragraph (a), (b), (b1), (c) or (c1),

(e) section 27 in so far as it relates to aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence referred to in paragraph (a), (b), (b1), (c) or (c1),

(f) section 28 in so far as it relates to conspiring to commit, or aiding, abetting, counselling or procuring the commission of an offence, under a law in force outside New South Wales which corresponds to a provision referred to in paragraph (a), (b), (b1), (c) or (c1).

(4) In subsection (2) (e1):
"drug premises offence" means a second or subsequent offence under section 36Y (Allowing use of premises as drug premises-offence by owner or occupier) of the Drug Misuse and Trafficking Act 1985 .