Document ID: chunk:federal_register_of_legislation:C2004A00726:clause:1_4a:p1
Version: federal_register_of_legislation:C2004A00726
Segment Type: clause
Provision Reference: sch 1 cl 4A (pt 1/2)
Character Range: 2480–5250

4A  When a State offence has a federal aspect

Object

 (1) The object of this section is to identify State offences that have a federal aspect because:
 (a) they potentially fall within Commonwealth legislative power because of:
 (i) the elements of the State offence; or
 (ii) the circumstances in which the State offence was committed (whether or not those circumstances are expressed to be elements of the offence); or
 (b) their investigation by the Authority is incidental to the investigation by the Authority of an offence against a law of the Commonwealth or of a Territory.

Federal aspect

 (2) For the purposes of this Act, a State offence has a federal aspect if, and only if:
 (a) both:
 (i) the State offence is not an ancillary offence; and
 (ii) assuming that the provision creating the State offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or
 (b) both:
 (i) the State offence is an ancillary offence that relates to a particular primary offence; and
 (ii) assuming that the provision creating the primary offence had been enacted by the Parliament of the Commonwealth instead of by the Parliament of the State—the provision would have been a valid law of the Commonwealth; or
 (c) assuming that the Parliament of the Commonwealth had enacted a provision that created an offence penalising the specific acts or omissions involved in committing the State offence—that provision would have been a valid law of the Commonwealth; or
 (d) both:
 (i) the Authority is investigating a matter relating to a relevant criminal activity that relates to an offence against a law of the Commonwealth or of a Territory; and
 (ii) if the Authority is investigating, or were to investigate, a matter relating to a relevant criminal activity that relates to the State offence—that investigation is, or would be, incidental to the investigation mentioned in subparagraph (i).

Specificity of acts or omissions

 (3) For the purposes of paragraph (2)(c), the specificity of the acts or omissions involved in committing a State offence is to be determined having regard to the circumstances in which the offence was committed (whether or not those circumstances are expressed to be elements of the offence).

State offences covered by paragraph (2)(c)

 (4) A State offence is taken to be covered by paragraph (2)(c) if:
 (a) the State offence affects the interests of:
 (i) the Commonwealth; or
 (ii) an authority of the Commonwealth; or
 (iii) a constitutional corporation; or
 (b) the State offence was committed by a constitutional corporation; or
 (c) the State offence was committed in a Commonwealth place; or
 (d) the State offence involved