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Confiscation of Criminal Assets Act 2003
13Meaning of offence and of particular kinds of offences
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13 Meaning of offence and of particular kinds of offences
offence means an offence against the law of the Territory, the
(2) In this Act:
ordinary offence means a relevant offence other than a serious
relevant offence—
(a) means either—
(i) an offence punishable by imprisonment for longer than
12 months; or
(ii) an offence against the Work Health and Safety Act 2011,
section 31 (1); and
(b) includes an offence (however described) against the law of the
Commonwealth, a State or another Territory that may be dealt
with under a law of the Commonwealth, the State or the other
Territory as an indictable offence (or in a way corresponding to
the way in which an indictable offence against an ACT law may
be dealt with), even if it may also be dealt with as a summary
offence (however described) in some circumstances.
Note An offence against an ACT law is an indictable offence if it is
punishable by imprisonment for longer than 2 years, or is declared
by law to be an indictable offence (see Legislation Act, s 190 (1)).
serious offence—
(a) generally—means any of the following:
(i) an offence punishable by imprisonment for 5 years or
longer;
(ii) an offence against the Work Health and Safety Act 2011,
section 31 (1);
(iii) any other offence prescribed by regulation; and
(b) for an unexplained wealth provision—includes a schedule
offence and any Commonwealth or State offence that
corresponds to a schedule offence.
Note State includes the Northern Territory (see Legislation Act, dict,
pt 1).
(3) For this Act, an offence is related to another offence if the physical
elements of the 2 offences are the same, or substantially the same,
acts or omissions.
schedule offence—see the Crimes (Sentencing) Act 2005,
section 61B.