Where the words “the act that constitutes the offence” are employed, I think what the drafters were getting at was that it's the act that forms the subject matter of the charge.
Senior Counsel, Criminal Law Policy Section, Department of Justice
Where the words “the act that constitutes the offence” are employed, I think what the drafters were getting at was that it's the act that forms the subject matter of the charge.
See context to find out what was said next.