189Reference to offence includes reference to related

189 Reference to offence includes reference to related ancillary offences A reference to an offence against an ACT law includes a reference to an offence against the Criminal Code, part 2.4 (Extensions of criminal responsibility) or section 717 (Accessory after the fact) that relates to the ACT law. X is the holder of a licence under the Plant Development Act 2001 (hypothetical). The Plant Development Act, s 23 provides for the cancellation of a licence if a licence holder commits an offence against the Act. While his business premises are being inspected, X incites an employee to obstruct the inspector. As a result, the employee obstructs the inspector (which is an offence against the Act). X is later convicted of the offence of incitement against the Criminal Code, s 47 (which is an offence in the Criminal Code, pt 2.4). Because of the Legislation Act, s 189, X is taken to have committed an offence against the Plant Development Act and is therefore liable to have his licence cancelled. Note The result would be the same if X had been convicted of conspiracy relating to the offence of obstruction in the Plant Development Act. Apart from the Legislation Act, s 189, the following offences in the Criminal Code, pt 2.4 could also apply to the offence in the Plant Development Act: • attempt (s 44 (Attempt)) • aiding and abetting (s 45 (Complicity and common purpose)).

Offences Chapter 18