NSWIn ForceAct
Criminal Assets Recovery Act 1990
6Meaning of “serious crime related activity”
Start here
Get a plain-English read of 6
Turn the raw legal text into a practical explanation grounded in Criminal Assets Recovery Act 1990.
#### 6 Meaning of “serious crime related activity”
6 Meaning of “serious crime related activity”
> > (1) In this Act, a reference to a serious crime related activity of a person is a reference to anything done by the person that was at the time a serious criminal offence, whether or not the person has been charged with the offence or, if charged—
> >
> > > (a) has been tried, or
> >
> > > (b) has been tried and acquitted, or
> >
> > > (c) has been convicted (even if the conviction has been quashed or set aside).
>
> > (2) In this section—
> >
> > drug trafficking offence means an offence under the following provisions of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226)—
> >
> > > (a) section 23—offences relating to prohibited plants,
> >
> > > (b) section 23A—offences relating to enhanced indoor cultivation of prohibited plants in the presence of children,
> >
> > > (c) section 24—offences relating to the manufacture and production of prohibited drugs,
> >
> > > (d) section 24A—offences relating to the possession of precursors for the manufacture or production of prohibited drugs,
> >
> > > (e) section 25—offences relating to the supply of prohibited drugs,
> >
> > > (f) section 25A—offence of supplying prohibited drugs on an ongoing basis.
> >
> > serious criminal offence means the following offences—
> >
> > > (a) the following offences referred to in the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031), section 45A, immediately before its repeal—
> > >
> > > > (i) the offence of supplying a drug of addiction or prohibited drug,
> > >
> > > > (ii) the offence of cultivating, supplying or possessing a prohibited plant,
> > >
> > > > (iii) the offence of permitting premises, as owner, occupier or lessee of the premises, to be used for the purpose of the cultivation or supply of a prohibited plant or of being concerned in the management of the premises,
> >
> > > (b) a drug trafficking offence,
> >
> > > (c) a prescribed indictable offence, or an indictable offence of a prescribed kind, that is of a similar nature to a drug trafficking offence, including in either case an offence under a law of the Commonwealth, another State or a Territory,
> >
> > > (d) an offence punishable by imprisonment for 5 years or more involving theft, fraud, obtaining financial benefit from the crime of another person, money laundering, extortion, violence, bribery, corruption, harbouring criminals, blackmail, obtaining or offering a secret commission, perverting the course of justice, tax or revenue evasion, illegal gambling, forgery or homicide,
> >
> > > (e) an offence under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046), section 50A, 51, 51B, 51BA or 51BB,
> >
> > > (f) a second or subsequent offence under the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226), section 36Y,
> >
> > > (f1) an offence under the [Public Health (Tobacco) Act 2008](/view/html/inforce/current/act-2008-094), section 6(1), 6A(2), 6A(3) or 7(1),
> >
> > > (g) an offence under the following provisions of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)—
> > >
> > > > (i) section 80D or 80E,
> > >
> > > > (ii) Part 3, Division 15 or 15A, other than section 91D(1)(b),
> > >
> > > > (iii) section 93T or 93TA,
> > >
> > > > (iv) section 197, to the extent the offence involves the destruction of or damage to property having a value of more than $500,
> > >
> > > > (v) section 308C, to the extent the offence involves the intention of committing an offence referred to in this paragraph or paragraphs (a)–(f),
> > >
> > > > (vi) section 308D or 308E,
> >
> > > (h) an offence under the law of the Commonwealth or a place outside this State, including outside Australia, that, if the offence had been committed in this State, would be an offence referred to in paragraphs (a)–(g),
> >
> > > (i) an offence of attempting to commit, or of conspiracy or incitement to commit, or of aiding or abetting, an offence referred to in paragraphs (a)–(h).
>
> > (3), (4) (Repealed)
>
> **s 6:** Am 1997 No 68, Sch 1 \[10\]–\[13\]; 1998 No 73, Sch 2.3 \[1\] \[2\]; 2001 No 24, Sch 2 \[1\] \[2\]; 2001 No 30, Sch 2 \[1\] \[3\]; 2002 No 103, Sch 4.19 \[1\]; 2005 No 32, Sch 1 \[6\]–\[9\]; 2008 No 105, Sch 2.6 \[1\] \[2\]; 2009 No 6, Sch 1.2; 2012 No 3, Sch 2.1; 2012 No 9, Sch 1.3; 2017 No 40, Sch 1.8 \[1\]; 2018 No 30, Sch 5.4; 2022 No 55, Sch 3\[3\]; 2025 No 81, Sch 1\[6\].