Document ID: chunk:federal_register_of_legislation:C2011C00166:clause:4_1:p1
Version: federal_register_of_legislation:C2011C00166
Segment Type: clause
Provision Reference: sch 4 cl 1 (pt 1/8)
Character Range: 138146–140873

1  At the end of Chapter 9 of the Criminal Code
Add:

Part 9.9—Criminal associations and organisations

Division 390—Criminal associations and organisations

Subdivision A—Definitions

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: without limiting who is a child of a person for the purposes of this Division, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

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, stepchild 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 has the meaning given by the Acts Interpretation Act 1901.

electronic communication means a communication of information:
 (a) whether in the form of text; or
 (b) whether in the form