Western Australian Numbered Acts Western Australian Numbered Acts (1) In this Act unless
the contrary intention appears —
“ACC Act” means the
Australian Crime Commission Act 2002 of the Commonwealth;
Note: That Act was
originally known as the National Crime Authority Act 1984 .
"ACC operation/investigation" means —
(a) an
ACC State intelligence operation; or
(b) an
ACC State investigation;
“ACC State intelligence operation”
means an intelligence operation that the ACC is undertaking under
section 5(b);
“ACC State investigation” means an
investigation that the ACC is conducting under section 5(a);
"authority" includes a department, agency or body;
"Commonwealth body or person" means —
(a) the
ACC;
(b) the
Board;
(c) the
Chair of the Board;
(d) a
member of the Board;
(e) the
Inter-Governmental Committee;
(f) the
CEO;
(g) a
member of the staff of the ACC;
(h) an
examiner;
(i)
a Judge of the Federal Court; or
(j) a
Federal Magistrate;
"Commonwealth Minister" means the
Commonwealth Minister administering the ACC Act;
“confer” includes to impose;
"Federal Magistrate" means a Federal Magistrate
(including the Chief Federal Magistrate) who holds office under the Federal
Magistrates Act 1999 of the Commonwealth;
“function” has a meaning affected by
subsection (5);
“intelligence operation” means the
collection, correlation, analysis or dissemination of criminal information and
intelligence relating to a relevant criminal activity;
“issuing officer” means —
(a) a
Judge of the Federal Court;
(b) a
Judge of a court of the State; or
(c) a
Federal Magistrate;
“perform” includes to exercise;
“serious and organised crime” means an
offence —
(a) that
involves 2 or more offenders and substantial planning and organisation;
(b) that
involves, or is of a kind that ordinarily involves, the use of sophisticated
methods and techniques;
(c) that
is committed, or is of a kind that is ordinarily committed, in conjunction
with other offences of a like kind;
(d) that
is an offence of a kind prescribed by the regulations or an offence that
involves any of the following —
(i)
theft;
(ii)
fraud;
(iii)
tax evasion;
(iv)
money laundering;
(v)
currency violations;
(vi)
illegal drug dealings;
(vii)
illegal gambling;
(viii)
obtaining financial benefit by vice engaged in by others;
(ix)
extortion;
(x)
violence;
(xi)
bribery or corruption of, or by, an officer of the
Commonwealth, an officer of a State or an officer of a Territory;
(xii)
perverting the course of justice;
(xiii)
bankruptcy and company violations;
(xiv)
harbouring of criminals;
(xv)
forging of passports;
(xvi)
firearms;
(xvii)
armament dealings;
(xviii)
illegal importation or exportation of fauna into or out
of Australia;
(xix)
cybercrime;
(xx)
matters of the same general nature as one or more of the
matters listed above;
and
(e) that
is punishable by imprisonment for a period of 3 years or more,
but —
(f) does
not include an offence committed in the course of a genuine dispute as to
matters pertaining to the relations of employees and employers by a party to
the dispute, unless the offence is committed in connection with, or as part
of, a course of activity involving the commission of a serious and organised
crime other than an offence so committed; and
(g) does
not include an offence the time for the commencement of a prosecution for
which has expired;
“special ACC operation/investigation”
means —
(a) an
ACC State intelligence operation that the Board has determined to be a special
operation; or
(b) an
ACC State investigation that the Board has determined to be a special
investigation;
"State Minister" means the State Minister
administering this Act.
(2) If this Act uses a
term that is used in the ACC Act, the term has the same meaning in this Act as
it has in the ACC Act unless the contrary intention appears in this Act.
(3) For the purposes
of this Act (except the definition of “Commonwealth body or
person” in subsection (1)) the definition of “member of the staff
of the ACC” in section 4(1) of the ACC Act is taken to extend to a legal
practitioner appointed under section 7.
(4) If the head of an
ACC operation/investigation suspects that an
offence (the "incidental offence") that is not a serious and organised crime
may be directly or indirectly connected with, or may be a part of, a course of
activity involving the commission of a serious and organised crime (whether or
not the head has identified the nature of that serious and organised crime),
then the incidental offence is, for so long only as the head so suspects,
taken, for the purposes of this Act, to be a serious and organised crime.
(5) A reference in
this Act, other than Part 2, to a “ function” includes a
reference to a power or duty.
(6) In this Act a fine
expressed as a number of "penalty units” is a fine of the amount
calculated in accordance with the following formula —
A × B
where —
A is that number of penalty units; and
B is the amount (in dollars) that is for the time
being a penalty unit under section 4AA of the Crimes Act 1914 of the
Commonwealth.
(7) The words "Summary
conviction penalty"" appearing in this Act in respect of an offence have the
meaning and effect provided for in section 5 of The Criminal Code .