Criminal Code Act 1995

A person commits an offence if:

the person directs one or more activities of an organisation; and

either:

the activity or activities directed aid; or

there is a risk that the activity or activities directed will aid;

the organisation consists of 2 or more persons; and

the organisation’s aims or activities include facilitating the engagement in conduct, or engaging in conduct, constituting an offence against any law that is, or would if committed be, for the benefit of the organisation; and

the offence against any law mentioned in paragraph (d) is an offence against any law punishable by imprisonment for at least 3 years; and

the offence against any law mentioned in paragraph (b) is a constitutionally covered offence punishable by imprisonment for at least 12 months.

A person commits an offence if:

the person directs one or more activities of an organisation; and

the activity or activities directed constitute an offence against any law; and

the organisation consists of 2 or more persons; and

the organisation’s aims or activities include facilitating the engagement in conduct, or engaging in conduct, constituting an offence against any law that is, or would if committed be, for the benefit of the organisation; and

the offence against any law mentioned in paragraph (d) is an offence against any law punishable by imprisonment for at least 3 years; and

the offence against any law mentioned in paragraph (b) is a constitutionally covered offence punishable by imprisonment for at least 12 months.

Absolute liability applies to paragraphs (1)(e) and (f) and (2)(e) and (f).

For absolute liability, see section 6.2.

To avoid doubt, the person may be convicted of an offence against subsection (1) because of a risk that the activity or activities directed will aid the organisation as described in paragraph (1)(b) even if the activity or activities do not actually aid the organisation in that way.