Victorian Consolidated Legislation

Australian Crime Commission (State Provisions) Act 2003 - SECT 3

Definitions

3. Definitions



(1) In this Act-

ACC Act means the Australian Crime Commission Act 2002 of the Commonwealth;
Note That Act was originally known as the National Crime Authority Act 1984.
ACC operation/investigation means-

   (a)  an ACC State intelligence operation; or

   (b)  an ACC State investigation; ACC State intelligence operation means an
        intelligence operation that the ACC is undertaking under section 5(b);
        ACC State investigation means an investigation that the ACC is
        conducting under section 5(a); authority includes a department, agency
        or body; Commonwealth body or person means-

   (a)  the ACC; or

   (b)  the Board; or

   (c)  the Chair of the Board; or

   (d)  a member of the Board; or

   (e)  the Inter-Governmental Committee; or

   (f)  the CEO; or

   (g)  a member of the staff of the ACC; or

   (h)  an examiner; or

   (i)  a Judge of the Federal Court; or

   (j)  a Federal Magistrate; Commonwealth Minister means the Commonwealth
        Minister administering the ACC Act; confer includes to impose; Federal
        Magistrate means a Federal Magistrate (including the Chief Federal
        Magistrate) who holds office under the Federal Magistrates Act 1999 of
        the Commonwealth; function has a meaning affected by subsection (4);
        intelligence operation means the collection, correlation, analysis or
        dissemination of criminal information and intelligence relating to a
        relevant criminal activity; issuing officer means-

   (a)  a Judge of the Federal Court; or

   (b)  a Judge of a court of the State; or

   (c)  a Federal Magistrate; legal practitioner means an Australian legal
        practitioner within the meaning of the Legal Profession Act 2004;

perform includes to exercise; serious and organised crime means an offence-

   (a)  that involves 2 or more offenders and substantial planning and
        organisation; and

   (b)  that involves, or is of a kind that ordinarily involves, the use of
        sophisticated methods and techniques; and

   (c)  that is committed, or is of a kind that is ordinarily committed, in
        conjunction with other offences of a like kind; and

   (d)  that is an offence of a kind prescribed by the regulations or an
        offence that involves any of the following-

   (i)  theft;

   (ii) fraud;

   (iii) tax evasion;

   (iv) money laundering;

   (v)  currency violations;

   (vi) illegal drug dealings;

   (vii) illegal gambling;

   (viii) obtaining financial benefit by vice engaged in by others;

   (ix) extortion;

   (x)  violence;

   (xi) bribery or corruption of, or by, an officer of the Commonwealth, an
        officer of a State or an officer of a Territory;

   (xii) perverting the course of justice;

   (xiii) bankruptcy and company violations;

   (xiv) harbouring of criminals;

   (xv) forging of passports;

   (xvi) firearms;

   (xvii) armament dealings;

   (xviii) illegal importation or exportation of fauna into or out of
        Australia;

   (xix) cybercrime;

   (xx) matters of the same general nature as one or more of the matters
        listed above; and

   (e)  that is punishable by imprisonment for a period of 3 years or more-
        but-

   (f)  does not include an offence committed in the course of a genuine
        dispute as to matters pertaining to the relations of employees and
        employers by a party to the dispute, unless the offence is committed
        in connection with, or as part of, a course of activity involving the
        commission of a serious and organised crime other than an offence so
        committed; and

   (g)  does not include an offence the time for the commencement of a
        prosecution for which has expired; special ACC operation/investigation
        means-

   (a)  an ACC State intelligence operation that the Board has determined to
        be a special operation; or

   (b)  an ACC State investigation that the Board has determined to be a
        special investigation; State Minister means the State Minister
        administering this Act.

(2) If this Act uses a term that is used in the ACC Act, the term has the same
meaning in this Act as it has in the ACC Act unless the contrary intention
appears in this Act.

(3) If the head of an ACC operation/investigation suspects that an offence
(the incidental offence) that is not a serious and organised crime may be
directly or indirectly connected with, or may be a part of, a course of
activity involving the commission of a serious and organised crime (whether or
not the head has identified the nature of that serious and organised crime),
then the incidental offence is, for so long only as the head so suspects,
taken, for the purposes of this Act, to be a serious and organised crime.

(4) A reference in this Act, other than Part 2, to a function includes a
reference to a power or duty.