Document ID: chunk:federal_register_of_legislation:C2025C00132:section:15ge
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 15GE
Character Range: 536868–539631

15GE  Meaning of serious Commonwealth offence and serious State offence that has a federal aspect

Meaning of serious Commonwealth offence
 (1) For the purposes of this Part, serious Commonwealth offence means a Commonwealth offence that:
 (a) involves a matter mentioned in subsection (2); and
 (b) is punishable on conviction by imprisonment for a period of 3 years or more.
 (2) The matters are as follows:
 (a) theft;
 (b) fraud;
 (c) tax evasion;
 (d) currency violations;
 (e) controlled substances;
 (f) illegal gambling;
 (g) obtaining financial benefit by vice engaged in by others;
 (h) extortion;
 (i) money laundering;
 (j) perverting the course of justice;
 (k) bribery or corruption of, or by, an officer of the Commonwealth, of a State or of a Territory;
 (l) bankruptcy and company violations;
 (m) harbouring of criminals;
 (n) forgery (including forging of passports);
 (o) armament dealings;
 (p) illegal importation or exportation of fauna into or out of Australia;
 (q) espionage, sabotage or threats to national security;
 (r) misuse of a computer or electronic communications;
 (s) people smuggling;
 (t) slavery;
 (u) piracy;
 (v) the organisation, financing or perpetration of sexual servitude or a sexual offence against a person who is under 18 outside Australia;
 (w) dealings in child abuse material;
 (x) importation of prohibited imports;
 (y) exportation of prohibited exports;
 (z) violence;
 (za) firearms;
 (zb) a matter that is of the same general nature as a matter mentioned in one of the preceding paragraphs;
 (zc) a matter that is prescribed by the regulations for the purposes of this paragraph.
 (3) Without limiting subsections (1) and (2), an offence against one of the following provisions of the Criminal Code is a serious Commonwealth offence for the purposes of this Part:
 (a) Part 5.3 (Terrorism);
 (aa) Division 273A (Possession of child‑like sex dolls etc.);
 (b) Subdivision B of Division 471 (Use of postal or similar service for child abuse material);
 (c) Subdivision C of Division 471 (Use of postal or similar service involving sexual activity with person under 16);
 (d) Subdivision D of Division 474 (Use of carriage service for child abuse material);
 (e) Subdivision F of Division 474 (Use of carriage service involving sexual activity with person under 16);
 (f) Subdivision HA of Division 474 (Use of carriage service for violent extremist material).

Meaning of serious State offence that has a federal aspect
 (4) For the purposes of this Part, serious State offence that has a federal aspect means a State offence that has a federal aspect and that would be a serious Commonwealth offence if it were a Commonwealth offence.
Note: For when a State offence has a federal aspect, see section 3AA.