Submission:  ARITA submission to ALRC on corporate criminal responsibility terms of reference


In April 2019 a review of Australia’s corporate criminal responsibility regime was announced. The review will be conducted by the Australian Law Reform Commission (ALRC). ARITA has made a submission concerning the proposed terms of reference for this review.

The ALRC recently called for stakeholder feedback to help set the scope of the review and its terms of reference.

ARITA has made a submission to the ALRC highlighting the challenges of the law in responding to illegal phoenix activity and the actions of unregulated pre-insolvency advisors. It was proposed that the terms of reference to be adopted for this review should specifically cover the effectiveness of s 79 of the Corporations Act in extending criminal responsibility to those involved in contraventions of the Act and also assessing how the offence provisions within the Corporations Act interact with the provision of the Commonwealth Criminal Code.

Read the full submission.