New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 46AA

46AA Organised criminal activity

(1) In this Part:
"organised criminal activity" means any activity that:

(a) is carried out on an organised basis, and

(b) is carried out to advance any one or more of the following objectives:

(i) obtaining material benefits from conduct constituting a serious indictable offence,

(ii) obtaining material benefits from conduct engaged in outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious indictable offence,

(iii) committing serious violence offences,

(iv) engaging in conduct outside New South Wales (including outside Australia) that, if it occurred in New South Wales, would constitute a serious violence offence.

"serious violence offence" means an offence punishable by imprisonment for life or for a term of 10 years or more, where the conduct constituting the offence involves:

(a) loss of a person’s life or serious risk of loss of a person’s life, or

(b) serious injury to a person or serious risk of serious injury to a person, or

(c) serious damage to property in circumstances endangering the safety of any person, or

(d) perverting the course of justice (within the meaning of Part 7 of the Crimes Act 1900 ) in relation to any conduct that, if proved, would constitute a serious violence offence as referred to in paragraph (a), (b) or (c).

(2) For the purposes of this section, an activity is carried out on an "organised basis" if it is planned, organised, structured or otherwise carried out in such a manner as to indicate that the activity is carried out on more than one occasion and involves more than one participant.