Australian Capital Territory Numbered Acts

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CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 13

Meaning of offence and of particular kinds of offences

    (1)     In this Act:

"offence" means an offence against the law of the Territory, the Commonwealth, a State or another Territory.

    (2)     In this Act:

"indictable offence" 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 the law of the Territory 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 a Territory law is an indictable offence if it is punishable by imprisonment for longer than 1 year, or is declared by law to be an indictable offence (see Legislation Act, s 190 (1)).

"ordinary indictable offence" means an indictable offence other than a serious offence.

"serious offence" means—

        (a)     an indictable offence that is punishable by imprisonment for 5 years or longer; or

        (b)     any other indictable offence declared under the regulations to be a serious offence.

    (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.



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