4AWhen a State offence has a federal aspect

4A When a State offence has 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: (i) the elements of the State offence; or (ii) the circumstances in which the State offence was committed (whether or not those circumstances are expressed to be elements of the offence); or (b) either: (i) the ACC investigating them is incidental to the ACC investigating an offence against a law of the Commonwealth or a Territory; or (ii) the ACC undertaking an intelligence operation relating to them is incidental to the ACC undertaking an intelligence operation relating to an offence against a law of the Commonwealth or a Territory. 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 the Commonwealth; or (d) both: (i) the ACC is undertaking an investigation relating to a relevant crime that is an offence against a law of the Commonwealth or a Territory; and (ii) if the ACC is undertaking, or were to undertake, an investigation relating to a relevant crime that is the State offence—that investigation is, or would be, incidental to the investigation mentioned in subparagraph (i); or (e) both: (i) the ACC is undertaking an intelligence operation relating to a relevant crime that is an offence against a law of the Commonwealth or a Territory; and (ii) if the ACC is undertaking, or were to undertake, an intelligence operation relating to the State offence—that intelligence operation is, or would be, incidental to the intelligence 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: