D. Section 5D of the Telecommunications (Interception and Access) Act 1979

5D Serious offences
General types of serious offences
(1) An offence is a serious offence if it is:
(a) a murder, or an offence of a kind equivalent to murder; or
(b) a kidnapping, or an offence of a kind equivalent to kidnapping; or
(c) an offence against Division 307 of the Criminal Code; or
(d) an offence constituted by conduct involving an act or acts of terrorism; or
(e) an offence against:
(i) Subdivision A of Division 72 of the Criminal Code; or
(ii) Division 101 of the Criminal Code; or
(iii) Division 102 of the Criminal Code; or
(iv) Division 103 of the Criminal Code; or
(f) except for the purposes of an application for a warrant by an agency other than the ACC, an offence in relation to which the ACC is conducting a special investigation.
(2) An offence is also a serious offence if:
(a) it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 7 years; and
(b) the particular conduct constituting the offence involved, involves or would involve, as the case requires:
(i) loss of a person’s life or serious risk of loss of a person’s life; or
(ii) serious personal injury or serious risk of serious personal injury; or
(iii) serious damage to property in circumstances endangering the safety of a person; or
(iiia) serious arson; or
(iv) trafficking in prescribed substances; or
(v) serious fraud; or
(vi) serious loss to the revenue of the Commonwealth, a State or the Australian Capital Territory; or
(vii) bribery or corruption of, or by:
(A) an officer of the Commonwealth; or
(B) an officer of a State; or
(C) an officer of a Territory; or
Telecommunications offences
(2A) Without limiting subsection (2), an offence is also a serious offence if it is an offence against section 474.19, 474.20, 474.22, 474.23, 474.26 or 474.27 of the Criminal Code.
Offences involving planning and organisation
(3) An offence is also a serious offence if it is an offence punishable by imprisonment for life or for a period, or maximum period, of at least 7 years, where the offence:
(a) involves 2 or more offenders and substantial planning and organisation; and
(b) involves, or is of a kind that ordinarily involves, the use of sophisticated methods and techniques; and
(c) is committed, or is of a kind that is ordinarily committed, in conjunction with other offences of a like kind; and
(d) consists of, or involves, any of the following:
(i) theft;
(ii) handling of stolen goods;
(iii) tax evasion;
(iv) currency violations;
(v) extortion;
(vi) bribery or corruption of, or by:
(A) an officer of the Commonwealth; or
(B) an officer of a State; or
(C) an officer of a Territory;
(vii) bankruptcy violations;
(viii) company violations;
(ix) harbouring criminals;
(x) dealings in firearms or armaments;
(xi) a sexual offence against a person who is under 16 (including an offence against Part IIIA of the Crimes Act 1914);
(xii) an immigration offence.
Offences relating to people smuggling with exploitation, slavery, sexual servitude and deceptive recruiting
(3A) An offence is also a serious offence if it is an offence against:
(a) section 73.1, 73.2, 73.3, 73.8, 73.9, 73.10 or 73.11; or
(b) section 270.3, 270.6, 270.7 or 270.8; or
(c) section 271.2, 271.3, 271.4, 271.5, 271.6 or 271.7 of the Criminal Code.
Offences relating to child pornography
(3B) An offence is also a serious offence if the particular conduct constituting the offence involved, involves or would involve, as the case requires:
(a) the production, publication, possession, supply or sale of, or other dealing in, child pornography; or
(b) consenting to or procuring the employment of a child, or employing a child, in connection with child pornography.
Money laundering offences etc.
(4) An offence is also a serious offence if it is an offence against any of the following provisions:
(a) Part 10.2 of the Criminal Code (other than section 400.9);
(aa) section 135.3 of the Criminal Code;
(b) Division 1A of Part IV of the Crimes Act 1900 of New South Wales;
(c) section 194, 195 or 195A of the Crimes Act 1958 of Victoria;
(d) section 64 of the Crimes (Confiscation of Profits) Act 1989 of Queensland;
(e) section 563A of The Criminal Code of Western Australia;
(f) section 138 of the Criminal Law Consolidation Act 1935 of South Australia;
(g) section 67 of the Crime (Confiscation of Profits) Act 1993 of Tasmania;
(h) section 74 of the Proceeds of Crime Act 1991 of the Australian Capital Territory;
(i) Division 3A of Part VII of Schedule I to the Criminal Code Act of the Northern Territory.
Cybercrime offences etc.
(5) An offence is also a serious offence if it is an offence against any of the following provisions:
(a) Part 10.7 of the Criminal Code;
(b) section 308C, 308D, 308E, 308F, 308G, 308H or 308I of the Crimes Act 1900 of New South Wales;
(c) section 247B, 247C, 247D, 247E, 247F, 247G or 247H of the Crimes Act 1958 of Victoria;
(d) a provision of a law of a State (other than New South Wales or Victoria) that corresponds to a provision covered by paragraph (a), (b) or (c);
(e) a provision of a law of a Territory that corresponds to a provision covered by paragraph (a), (b) or (c);
(f) section 440A of The Criminal Code of Western Australia.
Serious drug offences
(5A) An offence is also a serious offence if it is an offence against Part 9.1 of the Criminal Code (other than section 308.1 or 308.2).
Offences connected with other serious offences
(6) An offence is also a serious offence if it is an offence constituted by:
(a) aiding, abetting, counselling or procuring the commission of; or
(b) being, by act or omission, in any way, directly or indirectly, knowingly concerned in, or party to, the commission of; or
(c) conspiring to commit;
an offence that is a serious offence under any of the preceding subsections.
(7) An offence is also a serious offence if it is an offence constituted by receiving or assisting a person who is, to the offender’s knowledge, guilty of a serious offence mentioned in subsection (1), in order to enable the person to escape punishment or to dispose of the proceeds of the offence.
(8) An offence is also a serious offence if it is an offence against any of the following provisions:
(a) section 131.1, 135.1, 142.1 or 142.2, subsection 148.2(3), or section 268.112 of the Criminal Code;
(b) section 35, 36, 36A, 37, 39, 41, 42, 43, 46 or 47 of the Crimes Act 1914.

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