South Australian Current Acts

AUSTRALIAN CRIME COMMISSION (SOUTH AUSTRALIA) ACT 2004 - SECT 3

3—Interpretation

        (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; 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

            (ga)         a legal practitioner appointed under section 7 of the Act; 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 to impose;

"constable" means a member or special member of the Australian Federal Police or a member of the police force or police service of this State;

"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 (4);

"in contempt of the ACC" has the meaning given by section 26A;

"intelligence operation" means an operation that is primarily directed towards the collection, correlation, analysis or dissemination of criminal information and intelligence relating to relevant criminal activity, but that may involve the investigation of matters relating to relevant criminal activity;

"issuing officer" means—

            (a)         a Judge of the Federal Court; or

            (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; 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 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)         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.

        (4)         A reference in this Act, other than Part 2, to a function includes a reference to a power or duty.