Definitions
321LA Definitions
Pt 1 Div. 11A (Heading and ss 321LA–321LD) inserted by No. 43/2017 s. 4.
S. 321LA inserted by No. 43/2017 s. 4, amended by No. 32/2024 s. 799(2) (ILA s. 39B(1)).
In this Division—
S. 321LA(1) def. of adult inserted by No. 32/2024 s. 799(1).
adult means a person who is 18 years of age or over;
child means a person aged under 18 years;
S. 321LA(1) def. of criminal activity substituted by No. 32/2026 s. 3(b).
criminal activity means—
tier 1 criminal activity; or
tier 2 criminal activity;
recruit means incite, direct or induce.
S. 321LA(1) def. of tier 1 criminal activity inserted by No. 32/2026 s. 3(a).
tier 1 criminal activity means conduct that constitutes an offence punishable on first conviction with imprisonment for life or for a term of 15 years or more;
S. 321LA(1) def. of tier 2 criminal activity inserted by No. 32/2026 s. 3(a).
tier 2 criminal activity means conduct that constitutes an offence punishable on first conviction with imprisonment for a term of 5 years or more (but less than 15 years);
S. 321LA(2) inserted by No. 32/2024 s. 799(2).
Conduct by a child may be criminal activity even if, under section 10 or 11 of the Youth Justice Act 2024, it is presumed that the child cannot commit the offence that the conduct would constitute.
Notes
1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the Youth Justice Act 2024.
2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the Youth Justice Act 2024.
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