Australian Capital Territory Numbered Acts

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PROCEEDS OF CRIME ACT 1991 (NO. 103 OF 1991) - SECT 7

Meaning of “serious offence”

7. (1) In this Act—“serious offence” means—

        (a)     a serious narcotics offence;

        (b)     an organised fraud offence; or

        (c)     a money laundering offence in relation to the proceeds of a serious narcotics offence or an organised fraud offence;

and includes an ancillary offence in respect of an offence referred to in paragraph (a), (b) or (c).

(2) In this section—

“ancillary offence”, in relation to an offence (in this definition called the “main offence”), means—

        (a)     an offence of conspiring to commit the main offence;

        (b)     an offence of aiding, abetting, counselling or procuring, or being in any way knowingly concerned in, the commission of the main offence;

        (c)     an offence of receiving or assisting another person in order to enable the person to escape punishment for, or to dispose of the proceeds of, the main offence; or

        (d)     an offence of attempting to commit the main offence;

“money laundering offence” means an offence against section 74;
“organised fraud offence” means an offence against section 76;
“possession” includes possession for supply;
“production” includes growing and manufacture;
“serious narcotics offence” means an offence—

        (a)     constituted by the production, possession, supply, importation or export of a narcotic substance; and

        (b)     involving a quantity of the narcotic substance that is equal to or greater than the trafficable quantity applicable to the narcotic substance;

“trafficable quantity”, in relation to a narcotic substance, means—

        (a)     if paragraph (b) does not apply—a trafficable quantity of the substance within the meaning of the Customs Act; or

        (b)     if the law against which the offence is committed is not the Customs Act and that law includes references to trafficable quantity—a trafficable quantity of the substance within the meaning of that law.


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