New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 6

6 Meaning of "serious crime related activity"

(1) In this Act, a reference to a serious crime related activity of a person is a reference to anything done by the person that was at the time a serious criminal offence, whether or not the person has been charged with the offence or, if charged--

(a) has been tried, or

(b) has been tried and acquitted, or

(c) has been convicted (even if the conviction has been quashed or set aside).

(2) In this section--

"drug trafficking offence" means an offence under the following provisions of the Drug Misuse and Trafficking Act 1985 --

(a) section 23--offences relating to prohibited plants,

(b) section 23A--offences relating to enhanced indoor cultivation of prohibited plants in the presence of children,

(c) section 24--offences relating to the manufacture and production of prohibited drugs,

(d) section 24A--offences relating to the possession of precursors for the manufacture or production of prohibited drugs,

(e) section 25--offences relating to the supply of prohibited drugs,

(f) section 25A--offence of supplying prohibited drugs on an ongoing basis.

"serious criminal offence" means the following offences--

(a) the following offences referred to in the Poisons and Therapeutic Goods Act 1966 , section 45A, immediately before its repeal--

(i) the offence of supplying a drug of addiction or prohibited drug,

(ii) the offence of cultivating, supplying or possessing a prohibited plant,

(iii) the offence of permitting premises, as owner, occupier or lessee of the premises, to be used for the purpose of the cultivation or supply of a prohibited plant or of being concerned in the management of the premises,

(b) a drug trafficking offence,

(c) a prescribed indictable offence, or an indictable offence of a prescribed kind, that is of a similar nature to a drug trafficking offence, including in either case an offence under a law of the Commonwealth, another State or a Territory,

(d) an offence punishable by imprisonment for 5 years or more involving theft, fraud, obtaining financial benefit from the crime of another person, money laundering, extortion, violence, bribery, corruption, harbouring criminals, blackmail, obtaining or offering a secret commission, perverting the course of justice, tax or revenue evasion, illegal gambling, forgery or homicide,

(e) an offence under the Firearms Act 1996 , section 50A, 51, 51B, 51BA or 51BB,

(f) a second or subsequent offence under the Drug Misuse and Trafficking Act 1985 , section 36Y,

(g) an offence under the following provisions of the Crimes Act 1900 --

(i) section 80D or 80E,

(ii) Part 3, Division 15 or 15A, other than section 91D(1)(b),

(iii) section 93T or 93TA,

(iv) section 197, to the extent the offence involves the destruction of or damage to property having a value of more than $500,

(v) section 308C, to the extent the offence involves the intention of committing an offence referred to in this paragraph or paragraphs (a)-(f),

(vi) section 308D or 308E,

(h) an offence under the law of the Commonwealth or a place outside this State, including outside Australia, that, if the offence had been committed in this State, would be an offence referred to in paragraphs (a)-(g),

(i) an offence of attempting to commit, or of conspiracy or incitement to commit, or of aiding or abetting, an offence referred to in paragraphs (a)-(h).