AUSTRALIAN CRIME COMMISSION (QUEENSLAND) ACT 2003

Queensland Consolidated Acts

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AUSTRALIAN CRIME COMMISSION (QUEENSLAND) ACT 2003 - SCHEDULE 2

SCHEDULE 2 – Dictionary

"ACC Act" means the Australian Crime Commission Act 2002 (Cwlth) .

Note—
The 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 (a) .

"ACC State investigation" means an investigation that the ACC is conducting under section 5 (b) .

"authority" includes a department, agency or body.

"Commonwealth body or person" means—

(a) the ACC; or

(b) the Board; or

(c) the chair of the Board; or

(d) a member of the Board; or

(e) the Inter-Governmental Committee; or

(f) the CEO; or

(g) a member of the staff of the ACC; or

(h) an examiner; or

(i) a judge of the Federal Court; or

(j) a Federal Magistrate.

"Commonwealth Minister" means the Commonwealth Minister administering the ACC Act.

"confer" includes impose.

"Federal Magistrate" means a Federal Magistrate (including the Chief Federal Magistrate) who holds office under the Federal Magistrates Act 1999(Cwlth) .

"function" has a meaning affected by section 3 (4) .

"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: or

(b) a judge of the Supreme Court or District Court; or

(c) a Federal Magistrate.

"member of the Queensland Police Service" means a member of the Queensland Police Service under the Police Service Administration Act 1990 , section 2 . 2(1).

"NCA investigation" , for part 7, division 2, see section 55 .

"NCA (State Provisions) Act" , for part 7, division 2, see section 55 .

"perform" includes exercise.

"serious and organised crime" means an offence—

(a) that involves 2 or more offenders and substantial planning and organisation; and

(b) that involves, or is of a kind that ordinarily involves, the use of sophisticated methods and techniques; and

(c) that is committed, or is of a kind that is ordinarily committed, in conjunction with other offences of a like kind; and

(d) that is an offence of a kind prescribed under a regulation 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;

(xvi) armament dealings;

(xvii) illegal importation or exportation of fauna into or out of Australia;

(xix) cybercrime;

(xx) matters of the same general nature as 1 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 about 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.

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