Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.9 - Criminal associations and organisations  

Division 390 - Criminal associations and organisations  

Subdivision A - Definitions  

SECTION 390.1   Definitions  

(1)  


In this Division:

ancillary offence
, in relation to a State offence (the primary offence ), means:


(a) a State offence of conspiring to commit the primary offence; or


(b) a State offence of aiding, abetting, counselling or procuring, or being in any way knowingly concerned in, the commission of the primary offence; or


(c) a State offence of attempting to commit the primary offence.

associate
means meet or communicate (by electronic communication or otherwise).

Australian offence
means an offence against a law of the Commonwealth, a State or a Territory.

child
(Repealed by No 127 of 2010)

close family member
of a person means:


(a) the person ' s spouse or de facto partner; or


(b) a parent, step-parent or grandparent of the person; or


(c) a child, step-child or grandchild of the person; or


(d) a brother, sister, stepbrother or stepsister of the person; or


(e) a guardian or carer of the person.

Commonwealth place
has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970 .

constitutionally covered offence punishable by imprisonment for at least 12 months
means:


(a) any of the following offences that is punishable on conviction by imprisonment for at least 12 months or for life:


(i) an offence against a law of the Commonwealth;

(ii) a State offence that has a federal aspect;

(iii) an offence against a law of a Territory; or


(b) a foreign offence that is constituted by conduct that, if engaged in in Australia, would constitute an Australian offence punishable on conviction by imprisonment for at least 12 months or for life.

constitutionally covered offence punishable by imprisonment for at least 3 years
means:


(a) any of the following offences that is punishable on conviction by imprisonment for at least 3 years or for life:


(i) an offence against a law of the Commonwealth;

(ii) a State offence that has a federal aspect;

(iii) an offence against a law of a Territory; or


(b) a foreign offence that is constituted by conduct that, if engaged in in Australia, would constitute an Australian offence punishable on conviction by imprisonment for at least 3 years or for life.

de facto partner
(Repealed by No 127 of 2010)

electronic communication
means a communication of information:


(a) whether in the form of text; or


(b) whether in the form of data; or


(c) whether in the form of speech, music or other sounds; or


(d) whether in the form of visual images (animated or otherwise); or


(e) whether in any other form; or


(f) whether in any combination of forms;

by means of guided and/or unguided electromagnetic energy.

federal aspect
has the meaning given by section 390.2 .

foreign offence
means an offence against a law of a foreign country or part of a foreign country.

for the benefit of
: an offence against any law is, or would if committed be, for the benefit of an organisation if the offence results or is likely to result in:


(a) the organisation receiving directly or indirectly a significant benefit of any kind; or


(b) at least one member of the organisation receiving (in his or her capacity as such a member) directly or indirectly a significant benefit of any kind.

offence against any law
means an Australian offence or a foreign offence.

offence against any law punishable by imprisonment for at least 3 years
means:


(a) an Australian offence punishable on conviction by imprisonment for at least 3 years or for life; or


(b) a foreign offence punishable on conviction (however described) by imprisonment for at least 3 years or for life or by death.

parent
(Repealed by No 127 of 2010)

State offence
means an offence against a law of a State.

stepchild
(Repealed by No 127 of 2010)

step-parent
(Repealed by No 127 of 2010)

(2)  
For the purposes of the definition of close family member in subsection (1), if one person is the child of another person because of the definition of child in that subsection, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.

(3)  
To avoid doubt:


(a) a reference in this Division to an organisation is a reference to an organisation however it is organised; and


(b) a reference in this Division to a person includes a reference to a person outside Australia.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.