Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:3_15ge
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 3 cl 15GE
Character Range: 89454–91651

15GE  Meaning of serious Commonwealth offence and serious State offence that has a federal aspect

Meaning of serious Commonwealth offence

 (1) For the purposes of this Part, serious Commonwealth offence means a Commonwealth offence that:
 (a) involves a matter mentioned in subsection (2); and
 (b) is punishable on conviction by imprisonment for a period of 3 years or more.

 (2) The matters are as follows:
 (a) theft;
 (b) fraud;
 (c) tax evasion;
 (d) currency violations;
 (e) controlled substances;
 (f) illegal gambling;
 (g) obtaining financial benefit by vice engaged in by others;
 (h) extortion;
 (i) money laundering;
 (j) perverting the course of justice;
 (k) bribery or corruption of, or by, an officer of the Commonwealth, of a State or of a Territory;
 (l) bankruptcy and company violations;
 (m) harbouring of criminals;
 (n) forgery (including forging of passports);
 (o) armament dealings;
 (p) illegal importation or exportation of fauna into or out of Australia;
 (q) espionage, sabotage or threats to national security;
 (r) misuse of a computer or electronic communications;
 (s) people smuggling;
 (t) slavery;
 (u) piracy;
 (v) the organisation, financing or perpetration of sexual servitude or child sex tourism;
 (w) dealings in child pornography or material depicting child abuse;
 (x) importation of prohibited imports;
 (y) exportation of prohibited exports;
 (z) violence;
 (za) firearms;
 (zb) a matter that is of the same general nature as a matter mentioned in one of the preceding paragraphs;
 (zc) a matter that is prescribed by the regulations for the purposes of this paragraph.

 (3) Without limiting subsections (1) and (2), an offence against section 474.19, 474.20, 474.22, 474.23, 474.26 or 474.27, or Part 5.3, of the Criminal Code is a serious Commonwealth offence for the purposes of this Part.

Meaning of serious State offence that has a federal aspect

 (4) For the purposes of this Part, serious State offence that has a federal aspect means a State offence that has a federal aspect and that would be a serious Commonwealth offence if it were a Commonwealth offence.

Note: For when a State offence has a federal aspect, see section 3AA.