Document ID: chunk:federal_register_of_legislation:C2023C00156:section:4aa:p1
Version: federal_register_of_legislation:C2023C00156
Segment Type: section
Provision Reference: s 4AA (pt 1/3)
Character Range: 30662–33468

4AA  State offences that have a federal aspect

Object
 (1A) 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 was committed (whether or not those circumstances are expressed to be acts or omissions involved in committing the offence); or
 (c) the Australian Federal Police investigating them is incidental to the Australian Federal Police investigating an offence against a law of the Commonwealth or a Territory.

State offences that have a federal aspect
 (1) 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 Australian Federal Police is investigating an offence against a law of the Commonwealth or a Territory; and
 (ii) if the Australian Federal Police is investigating, or were to investigate, the State offence—that investigation is, or would be, incidental to the investigation mentioned in subparagraph (i).

Specificity of acts or omissions
 (2) For the purposes of paragraph (1)(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 (1)(c)
 (3) A State offence is taken to be covered by paragraph (1)(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