11When a State offence has a federal aspect21

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