(ii) the loss is a loss to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(iii) the goods belong to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(iv) the goods belong to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(v) the person is a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(vi) the person is a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(vii) the loss takes the form of detriment to constitutional trade and commerce;
(viii) the goods are in the course of, or intended for, constitutional trade and commerce;
(ix) the contamination occurs outside Australia and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(x) the loss is a loss to the Commonwealth or a Commonwealth authority.
Penalty: Imprisonment for 10 years.
(3) Absolute liability applies to paragraphs (2)(c) and (2A)(c).
380.3 Threatening to contaminate goods
Offences based on implied nationhood power
(1) A person commits an offence if:
(a) the person makes a threat that goods will be contaminated; and
(b) the person does so with intent:
(i) to cause public alarm or anxiety in Australia; or
(ii) to cause widespread, or nationally significant, economic loss in Australia through public awareness of the contamination, or possible contamination, of the goods; or
(iii) to cause harm to, or create a risk of harm to, public health in Australia.
Penalty: Imprisonment for 15 years.
(1A) A person commits an offence if:
(a) the person makes a threat that goods will be contaminated; and
(b) the person does so reckless as to:
(i) causing public alarm or anxiety in Australia; or
(ii) causing widespread, or nationally significant, economic loss in Australia through public awareness of the contamination, or possible contamination, of the goods; or
(iii) causing harm to, or creating a risk of harm to, public health in Australia.
Penalty: Imprisonment for 10 years.
Offences based on other constitutional powers
(2) A person commits an offence if:
(a) the person makes a threat that goods will be contaminated; and
(b) the person does so with intent to cause:
(i) public alarm or anxiety; or
(ii) economic loss through public awareness of the contamination, or possible contamination, of the goods; and
(c) any of the following subparagraphs applies:
(i) the loss is a loss to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(ii) the loss is a loss to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(iii) the goods belong to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(iv) the goods belong to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(v) the person is a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(vi) the person is a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(vii) the loss takes the form of detriment to constitutional trade and commerce;
(viii) the goods are in the course of, or intended for, constitutional trade and commerce;
(ix) the person makes the threat in Australia using a postal or other like service or an electronic communication;
(x) the person makes the threat outside Australia and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(xi) the loss is a loss to the Commonwealth or a Commonwealth authority;
(xii) the threat is made to the Commonwealth or a Commonwealth authority.
Penalty: Imprisonment for 15 years.
(2A) A person commits an offence if:
(a) the person makes a threat that goods will be contaminated; and
(b) the person does so reckless as to causing:
(i) public alarm or anxiety; or
(ii) economic loss through public awareness of the contamination, or possible contamination, of the goods; and
(c) any of the following subparagraphs applies:
(i) the loss is a loss to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(ii) the loss is a loss to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(iii) the goods belong to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(iv) the goods belong to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(v) the person is a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(vi) the person is a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(vii) the loss takes the form of detriment to constitutional trade and commerce;
(viii) the goods are in the course of, or intended for, constitutional trade and commerce;
(ix) the person makes the threat in Australia using a postal or other like service or an electronic communication;
(x) the person makes the threat outside Australia and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(xi) the loss is a loss to the Commonwealth or a Commonwealth authority;
(xii) the threat is made to the Commonwealth or a Commonwealth authority.
Penalty: Imprisonment for 10 years.
(3) Absolute liability applies to paragraphs (2)(c) and (2A)(c).
380.4 Making false statements about contamination of goods
Offences based on implied nationhood power
(1) A person commits an offence if:
(a) the person makes a statement that the person believes to be false; and
(b) the person does so with the intention of inducing the person to whom the statement is made or others to believe that goods have been contaminated; and
(c) the person does so with intent:
(i) to cause public alarm or anxiety in Australia; or
(ii) to cause widespread, or nationally significant, economic loss in Australia through public awareness of the contamination, or possible contamination, of the goods; or
(iii) to cause harm to, or create a risk of harm to, public health in Australia.
Penalty: Imprisonment for 15 years.
(1A) A person commits an offence if:
(a) the person makes a statement that the person believes to be false; and
(b) the person does so with the intention of inducing the person to whom the statement is made or others to believe that goods have been contaminated; and
(c) the person does so reckless as to:
(i) causing public alarm or anxiety in Australia; or
(ii) causing widespread, or nationally significant, economic loss in Australia through public awareness of the contamination, or possible contamination, of the goods; or
(iii) causing harm to, or creating a risk of harm to, public health in Australia.
Penalty: Imprisonment for 10 years.
Offences based on other constitutional powers
(2) A person commits an offence if:
(a) the person makes a statement that the person believes to be false; and
(b) the person does so with the intention of inducing the person to whom the statement is made or others to believe that goods have been contaminated; and
(c) the person does so with intent to cause:
(i) public alarm or anxiety; or
(ii) economic loss through public awareness of the contamination, or possible contamination, of the goods; and
(d) any of the following subparagraphs applies:
(i) the loss is a loss to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(ii) the loss is a loss to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(iii) the goods belong to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(iv) the goods belong to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(v) the person is a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(vi) the person is a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(vii) the loss takes the form of detriment to constitutional trade and commerce;
(viii) the goods are in the course of, or intended for, constitutional trade and commerce;
(ix) the person makes the statement in Australia using a postal or other like service or an electronic communication;
(x) the person makes the statement outside Australia and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(xi) the loss is a loss to the Commonwealth or a Commonwealth authority;
(xii) the statement is made to the Commonwealth or a Commonwealth authority.
Penalty: Imprisonment for 15 years.
(2A) A person commits an offence if:
(a) the person makes a statement that the person believes to be false; and
(b) the person does so with the intention of inducing the person to whom the statement is made or others to believe that goods have been contaminated; and
(c) the person does so reckless as to causing:
(i) public alarm or anxiety; or
(ii) economic loss through public awareness of the contamination, or possible contamination, of the goods; and
(d) any of the following subparagraphs applies:
(i) the loss is a loss to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(ii) the loss is a loss to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(iii) the goods belong to a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(iv) the goods belong to a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(v) the person is a constitutional corporation (other than a foreign corporation within the meaning of paragraph 51(xx) of the Constitution);
(vi) the person is a constitutional corporation that is a foreign corporation within the meaning of paragraph 51(xx) of the Constitution and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(vii) the loss takes the form of detriment to constitutional trade and commerce;
(viii) the goods are in the course of, or intended for, constitutional trade and commerce;
(ix) the person makes the statement in Australia using a postal or other like service or an electronic communication;
(x) the person makes the statement outside Australia and the goods have been produced, manufactured, assembled or otherwise processed in Australia;
(xi) the loss is a loss to the Commonwealth or a Commonwealth authority;
(xii) the statement is made to the Commonwealth or a Commonwealth authority.
Penalty: Imprisonment for 10 years.
(3) Absolute liability applies to paragraphs (2)(d) and (2A)(d).
(4) For the purposes of this section, making a statement includes conveying information by any means.
380.5 Extended geographical jurisdiction—category D
Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against section 380.2, 380.3 or 380.4.
Part 9.9—Criminal associations and organisations
Division 390—Criminal associations and organisations
Subdivision A—Definitions
390.1 Definitions
(1) In this Division:
ancillary offence, in relation to a State offence (the primary offence), means:
(a) a State offence of conspiring to commit the primary offence; or
(b) a State offence of aiding, abetting, counselling or procuring, or being in any way knowingly concerned in, the commission of the primary offence; or
(c) a State offence of attempting to commit the primary offence.
associate means meet or communicate (by electronic communication or otherwise).
Australian offence means an offence against a law of the Commonwealth, a State or a Territory.
close family member of a person means:
(a) the person’s spouse or de facto partner; or
(b) a parent, step‑parent or grandparent of the person; or
(c) a child, step‑child or grandchild of the person; or
(d) a brother, sister, stepbrother or stepsister of the person; or
(e) a guardian or carer of the person.
Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970.
constitutionally covered offence punishable by imprisonment for at least 12 months means:
(a) any of the following offences that is punishable on conviction by imprisonment for at least 12 months or for life:
(i) an offence against a law of the Commonwealth;
(ii) a State offence that has a federal aspect;
(iii) an offence against a law of a Territory; or
(b) a foreign offence that is constituted by conduct that, if engaged in in Australia, would constitute an Australian offence punishable on conviction by imprisonment for at least 12 months or for life.
constitutionally covered offence punishable by imprisonment for at least 3 years means:
(a) any of the following offences that is punishable on conviction by imprisonment for at least 3 years or for life:
(i) an offence against a law of the Commonwealth;
(ii) a State offence that has a federal aspect;
(iii) an offence against a law of a Territory; or
(b) a foreign offence that is constituted by conduct that, if engaged in in Australia, would constitute an Australian offence punishable on conviction by imprisonment for at least 3 years or for life.
electronic communication means a communication of information:
(a) whether in the form of text; or
(b) whether in the form of data; or
(c) whether in the form of speech, music or other sounds; or
(d) whether in the form of visual images (animated or otherwise); or
(e) whether in any other form; or
(f) whether in any combination of forms;
by means of guided and/or unguided electromagnetic energy.
federal aspect has the meaning given by section 390.2.
foreign offence means an offence against a law of a foreign country or part of a foreign country.
for the benefit of: an offence against any law is, or would if committed be, for the benefit of an organisation if the offence results or is likely to result in:
(a) the organisation receiving directly or indirectly a significant benefit of any kind; or
(b) at least one member of the organisation receiving (in his or her capacity as such a member) directly or indirectly a significant benefit of any kind.
offence against any law means an Australian offence or a foreign offence.
offence against any law punishable by imprisonment for at least 3 years means:
(a) an Australian offence punishable on conviction by imprisonment for at least 3 years or for life; or
(b) a foreign offence punishable on conviction (however described) by imprisonment for at least 3 years or for life or by death.
State offence means an offence against a law of a State.
(2) For the purposes of the definition of close family member in subsection (1), if one person is the child of another person because of the definition of child in that subsection, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.
(3) To avoid doubt:
(a) a reference in this Division to an organisation is a reference to an organisation however it is organised; and
(b) a reference in this Division to a person includes a reference to a person outside Australia.
390.2 State offences that have 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 the elements of the State offence; or