Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p65
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 65/169)
Character Range: 1353141–1355961

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.

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 is 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 the conduct constituting the State offence:
 (a) affects the interests of:
 (i) the Commonwealth; or
 (ii) an authority of the Commonwealth; or
 (iii) a constitutional corporation; or
 (b) was engaged in by a constitutional corporation; or
 (c) was engaged in in a Commonwealth place; or
 (d) involved the use of a postal service or other like service; or
 (e) involved an electronic communication; or
 (f) involved trade or commerce:
 (i) between Australia and places outside Australia; or
 (ii) among the States; or
 (iii) within a Territory, between a State and a Territory or between 2 Territories; or
 (g) involved:
 (i) banking (other than State banking not extending beyond the limits of the State concerned); or
 (ii) insurance (other than State insurance not extending beyond the limits of the State concerned); or
 (h) relates to a matter outside Australia; or
 (i) relates to a matter in respect of which an international agreement to which Australia is a party imposes obligations to which effect could be given by the creation of an offence against the domestic laws of the parties to the agreement; or
 (j) relates to a matter that affects the relations between Australia and another country or countries or is otherwise a subject of international concern.
 (5) Subsection (4) does not limit paragraph (2)(c).

Subdivision B—Offences

390.3  Associating in support of serious organised criminal activity
 (1) A person (the first person) commits an offence if:
 (a) the first person associates on 2 or more occasions with another person (the second person); and
 (b) the second person engages, or proposes to engage, in conduct (the second person's conduct) that constitutes, or is part of conduct constituting, an offence against any law; and
 (c) the associations facilitate the engagement or proposed engagement by the second person in the second person's conduct; and
 (d) the offence against any law mentioned in paragraph (b) involves 2 or more persons; and
 (e) the offence against any law mentioned in paragraph (b) is a constitutionally covered offence punishable by imprisonment for at