Criminal Law

Regulation of Corporate Crimes in Australia

Corporate Crimes

Current issues and trends in regulation of corporate crimes in Australia

In Australia, corporate crime is covered by the category of the white collar crimes and can be broadly defined as crime committed within the course of one’s occupation by individuals of relatively high social status. However, in contrast to those white collar offenses which are committed against companies, such as embezzlement or misuse of personal computers, corporate crimes include offences perpetrated by companies or their agents against members of the public, creditors, investors or corporate competitors.

In most cases, corporate crimes have deliberate nature, such as fraudulent billing of the government for examinations that have never been performed, or winding back the odometer in order to deceive prospective customers. In addition to this, a great variety of corporate crimes is connected with recklessness, negligence, or inattention to detail.

In elaborating further, corporate crimes in Australia may be classified in accordance with specificity of a field in which the crimes are committed. Thus, legal experts and criminal lawyers usually categorise corporate crimes as security crimes, tax crimes, crimes in the field of safety and occupational health, environmental crimes, consumer crimes, food standards, restrictive trade practices, economic offences against employees, discriminatory practices, etc.

In view of the aforesaid diversity of corporate crimes, it is essential to highlight the key trends and issues in corporate crime control under Australian law. In this connection, regulatory activity of Australian law enforcement authorities constitutes the first and foremost type of corporate crime control. The fact is that the current regulatory effort of Australian law enforcement bodies is expected to make workplaces, environment and market safer. However, it is also possible to perceive much criticism in respect of Australian regulatory agencies as allegedly inefficient bodies of corporate crime control. This is partially explained by the lack of political leadership in this field.

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Need Assistance with Traffic Infringement Notice?

Traffic Infringement Notice

Competent Legal Counsel can provide Guidance

Traffic infringements occur when an individual is found to perform an action that contravenes traffic laws or regulations. Reliable criminal lawyers can help guide and assist you if you are served with penalty notices and so on. Traffic offences that are considered minor are not associated with the penalty imprisonment. If you commit a minor traffic offence, you are issued with what is known as a TIN or Traffic Infringement notice. Such offences require an expiation fee to be paid within twenty-eight days of committing the offence and are resolved in the court. Once the offender pays the expiation fee, he or she is no longer liable for any further prosecution for that specific offence.

In case, the offender fails to pay the expiation fee, they will be served with a reminder notice where an additional fee will be added to the original expiation fee. However, under hardship conditions (if the offender is genuinely found to be in difficult financial conditions), the court may allow one or more of the following payment arrangements to be implemented:

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Stressed over Allegations of Insider Trading or Securities Fraud

white-collared-crime

Get Able Assistance from Qualified Lawyers

The term white-collared crime can be used to describe a wide variety of offences. By seeking the assistance of certified criminal lawyers, you can effectively defend yourself and assert your rights. In general, white collared offences are not criminal in nature and do not involve violence; they are usually committed for financial gain though fraud or deceit. Also, white-collared crime is usually (but not always) committed against organisations or companies. There has been a lot of debate recently about increasing the penalties against white-collared crime.

Different types of white-collared offences are listed below:

  • Insider trading: This type of fraud carries the most severe penalty for white-collared crime in Australia. The Australian Securities and Investment Commission (ASIC) can levy penalty costs upto $ 450,000 and/or imprisonment upto 10 years.

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