Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p69
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 69/169)
Character Range: 1363271–1366054

convicted of an offence against this section in respect of that conduct.
Note: If the underlying offence is an Australian offence, section 4C of the Crimes Act 1914 prevents the person from being punished twice under Australian law (once under this section and once under the Commonwealth, State or Territory law creating the underlying offence) for the act or omission constituting the underlying offence.

Likely benefits
 (7) To avoid doubt, the person may be convicted of an offence against subsection (1) because the underlying offence is likely to result in the organisation or at least one member receiving benefits as described in the definition of for the benefit of in subsection 390.1(1), even if the organisation or member does not actually receive such a benefit.

390.6  Directing activities of a criminal organisation
 (1) A person commits an offence if:
 (a) the person directs one or more activities of an organisation; and
 (b) either:
 (i) the activity or activities directed aid; or
 (ii) there is a risk that the activity or activities directed will aid;
  the organisation to engage in conduct constituting an offence against any law; and
 (c) the organisation consists of 2 or more persons; and
 (d) the organisation's aims or activities include facilitating the engagement in conduct, or engaging in conduct, constituting an offence against any law that is, or would if committed be, for the benefit of the organisation; and
 (e) the offence against any law mentioned in paragraph (d) is an offence against any law punishable by imprisonment for at least 3 years; and
 (f) the offence against any law mentioned in paragraph (b) is a constitutionally covered offence punishable by imprisonment for at least 12 months.
Penalty: Imprisonment for 10 years.
 (2) A person commits an offence if:
 (a) the person directs one or more activities of an organisation; and
 (b) the activity or activities directed constitute an offence against any law; and
 (c) the organisation consists of 2 or more persons; and
 (d) the organisation's aims or activities include facilitating the engagement in conduct, or engaging in conduct, constituting an offence against any law that is, or would if committed be, for the benefit of the organisation; and
 (e) the offence against any law mentioned in paragraph (d) is an offence against any law punishable by imprisonment for at least 3 years; and
 (f) the offence against any law mentioned in paragraph (b) is a constitutionally covered offence punishable by imprisonment for at least 12 months.
Penalty: Imprisonment for 15 years.
 (3) Absolute liability applies to paragraphs (1)(e) and (f) and (2)(e) and (f).
Note: For absolute liability, see section 6.2.
 (4) To avoid doubt, the person may be convicted of an offence against