Appendix 5 - Australian Crime Commission Act 2002

Section 4 of the Australian Crime Commission Act 2002 defines 'serious and organised crime' as an offence:

that involves 2 or more offenders and substantial planning and organisation; and
that involves, or is of a kind that ordinarily involves, the use of sophisticated methods and techniques; and
that is committed, or is of a kind that is ordinarily committed, in conjunction with other offences of a like kind; and
that is a serious offence within the meaning of the Proceeds of Crime Act 2002, an offence of a kind prescribed by the regulations or an offence that involves any of the following:
1. theft;
2. fraud;
3. tax evasion;
4. money laundering;
5. currency violations;
6. illegal drug dealings;
7. illegal gambling;
8. obtaining financial benefit by vice engaged in by others;
9. extortion;
10. violence;
11. bribery or corruption of, or by, an officer of the Commonwealth, an officer of a State or an officer of a Territory;
12. perverting the course of justice;
13. bankruptcy and company violations;
14. harbouring of criminals;
15. forging of passports;
16. firearms;
17. armament dealings;
18. illegal importation or exportation of fauna into or out of Australia;
19. cybercrime;
20. matters of the same general nature as one or more of the matters listed above; and
that is:
1. punishable by imprisonment for a period of 3 years or more; or
2. a serious offence within the meaning of the Proceeds of Crimes Act 2002;

but:

does not include an offence committed in the course of a genuine 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
does not include an offence the time for the commencement of a prosecution for which has expired...