Discussion paper

Corporate criminal responsibility: discussion paper

Business enterprises Criminal law Governance Australia

The Australian Law Reform Commission (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.
Related Information

Corporate criminal responsibility: final report https://apo.org.au/node/307955

Publication Details
Access Rights Type:
ALRC Discussion Paper 87