Document ID: chunk:federal_register_of_legislation:C2004C01287:clause:1_25
Version: federal_register_of_legislation:C2004C01287
Segment Type: clause
Provision Reference: sch 1 cl 25
Character Range: 9569–11527

25  Subsection 4(1)
Insert:

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 of a kind prescribed by the regulations or 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;
but:
 (e) 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
 (f) does not include an offence the time for the commencement of a prosecution for which has expired; and
 (g) does not include an offence that is not punishable by imprisonment or is punishable by imprisonment for a period of less than 3 years.

Note: See also subsection (2) (which expands the meaning of serious and organised crime in certain circumstances).