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Australian Criminal Intelligence Commission Bill 2026
11When a State offence has a federal aspect21
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11 When a State offence has a federal aspect21
Object22
(1) The object of this section is to identify State offences that have a23
federal aspect because:24
(a) the offence falls within Commonwealth legislative power25
because of:26
(i) the elements of the State offence; or27
No. , 2026 Australian Criminal Intelligence Commission Bill 2026 23
(ii) the circumstances in which the State offence was1
committed (whether or not those circumstances are2
expressed to be elements of the offence); or3
(b) the ACIC performing its intelligence or advisory functions in4
relation to the offence is incidental to the ACIC performing5
its intelligence or advisory functions in relation to an offence6
against a law of the Commonwealth.7
Federal aspect8
(2) For the purposes of this Act, a State offence has a federal aspect if,9
and only if:10
(a) both:11
(i) the State offence is not an ancillary offence; and12
(ii) assuming that the provision creating the State offence13
had been enacted by the Parliament of the14
Commonwealth instead of by the Parliament of the15
State—the provision would have been a valid law of the16
Commonwealth; or17
(b) both:18
(i) the State offence is an ancillary offence that relates to a19
particular primary offence; and20
(ii) assuming that the provision creating the primary offence21
had been enacted by the Parliament of the22
Commonwealth instead of by the Parliament of the23
State—the provision would have been a valid law of the24
Commonwealth; or25
(c) assuming that the Parliament of the Commonwealth had26
enacted a provision that created an offence penalising the27
specific acts or omissions involved in committing the State28
offence—that provision would have been a valid law of the29
Commonwealth; or30
(d) both:31
(i) the ACIC is performing its intelligence or advisory32
functions in relation to an offence against a law of the33
Commonwealth; and34
(ii) if the ACIC is performing, or were to perform, its35
intelligence or advisory functions in relation to the State36