Monday, November 18, 2019

Discussion Paper on Corporate Criminal Responsibility in Australia

The Australian Law Reform Commission (ALRC) has released a discussion paper on Australia’s corporate criminal responsibility:
"The ALRC seeks stakeholder submissions on 23 proposals for reform to the Commonwealth’s corporate criminal law regime, and asks 11 questions on particular areas of reform. The Discussion Paper addresses a number of aspects of corporate criminal liability, including:

• the principled division between criminal offences and civil penalty provisions;
• the method for attributing criminal liability to corporations;
• individual liability for corporate offences;
• deferred prosecution agreements;
• penalties and the sentencing process;
• illegal phoenix activity (deliberate liquidation with the intent to avoid creditors and continue operations through a new entity); and
• the implications of the transnational nature of business and extraterritorial offences."
The ALRC's final report to the government will be published in April 2020.

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posted by Michel-Adrien at 6:18 pm

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