Document ID: chunk:federal_register_of_legislation:C2024C00612:section:4a:p2
Version: federal_register_of_legislation:C2024C00612
Segment Type: section
Provision Reference: s 4A (pt 2/3)
Character Range: 36032–38863

operation 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 the use of a postal service or other like service; or
 (e) the State offence involved an electronic communication; or
 (f) the State offence 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) the State offence 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) the State offence relates to a matter outside Australia.
 (5) Subsection (4) does not limit paragraph (2)(c).

Definitions
 (6) In this section:
ancillary offence, in relation to an offence (the primary offence), means:
 (a) an offence of conspiring to commit the primary offence; or
 (b) an offence of aiding, abetting, counselling or procuring, or being in any way knowingly concerned in, the commission of the primary offence; or
 (c) an offence of attempting to commit the primary offence.
Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970.
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
electronic communication means a communication of information:
 (a) whether in the form of text; or
 (b) whether in the form of data; or
 (c) whether in the form of speech, music or other sounds; or
 (d) whether in the form of visual images (animated or otherwise); or
 (e) whether in any other form; or
 (f) whether in any combination of forms;
by means of guided and/or unguided electromagnetic energy.
intelligence operation means an operation that is primarily directed towards the collection, correlation, analysis or dissemination of criminal information and intelligence relating to a relevant crime, but that may involve undertaking investigations relating to a relevant crime.
State offence means an offence against a law of a State.