Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p64
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 64/169)
Character Range: 1350710–1353395

significant benefit of any kind; or
 (b) at least one member of the organisation receiving (in his or her capacity as such a member) directly or indirectly a significant benefit of any kind.
offence against any law means an Australian offence or a foreign offence.
offence against any law punishable by imprisonment for at least 3 years means:
 (a) an Australian offence punishable on conviction by imprisonment for at least 3 years or for life; or
 (b) a foreign offence punishable on conviction (however described) by imprisonment for at least 3 years or for life or by death.
State offence means an offence against a law of a State.
 (2) For the purposes of the definition of close family member in subsection (1), if one person is the child of another person because of the definition of child in that subsection, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
 (3) To avoid doubt:
 (a) a reference in this Division to an organisation is a reference to an organisation however it is organised; and
 (b) a reference in this Division to a person includes a reference to a person outside Australia.

390.2  State offences that have 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 the elements of the State offence; or
 (b) they potentially fall within Commonwealth legislative power because of the circumstances in which the State offence is committed (whether or not those circumstances are expressed to be acts or omissions involved in committing the offence).

State offences that have a 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