We have specialist prosecutors who deal with commercial offences, such as: insider trading, stock market manipulation; breach of duty by company officers and fraud offences under State or Territory law.
These are serious offences for which deterrent penalties, including imprisonment, are often sought and imposed. Complex commercial crime can be difficult to detect, investigate and prosecute.
Matters are referred to us by investigative agencies, including the:
- Australian Competition and Consumer Commission (ACCC);
- Australian Securities and Investments Commission (ASIC).
Matters referred to us
Amongst the matters referred by ASIC are offences under the:
- Corporations Act 2001;
- Australian Securities and Investments Commission Act 2001;
- National Consumer Credit Protection Act 2009;
- Related State and Territory laws (particularly fraud offences)
In addition, we are responsible for prosecuting offences under the Competition and Consumer Act 2010, including ACCC briefs regarding serious cartel offences in sections 44ZZRF and 44ZZRG.
The ACCC receives and manages applications for immunity from criminal prosecution for serious cartel offences and if one was referred to us we would play an important role in this process.
For example, if the ACCC made a recommendation to our Director that an applicant for conditional immunity under the ACCC’s Immunity Policy for Cartel Conduct should be granted immunity our Director would decide this under section 9(6D) of the DPP Act by applying the criteria in Annexure B of the Prosecution Policy of the Commonwealth.
We are also responsible for prosecuting offences involving bribery of foreign public officials contrary to section 70.2 of the Criminal Code.
- Australian Securities and Investment Commission
- Australian Competition and Consumer Commission
- Australian Federal Police
- Australian Prudential Regulation Authority