Page 3756 - Week 12 - Thursday, 13 October 1994

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VIEWS ABOUT THE AMBIT OF THE CRIMINAL LIABILITY OF BODIES CORPORATE ARE EVOLVING AND SUBJECT TO MUCH ACADEMIC ANALYSIS AND COMMENT.

AT PRESENT, SECTION 32 OF THE INTERPRETATION ACT 1967 PROVIDES THAT A PROVISION RELATING TO OFFENCES SHALL, UNLESS THE CONTRARY INTENTION APPEARS, BE DEEMED TO REFER TO BODIES CORPORATE AS WELL AS INDIVIDUAL PERSONS. THAT SECTION PROVIDES FOR A SCALE OF MONETARY PENALTIES TO APPLY TO BODIES CORPORATE, WHERE THE PENALTY PRESCRIBED FOR THE OFFENCE IS A PERIOD OF IMPRISONMENT ONLY. I BELIEVE THIS PROVISION SUPPORTS THE VIEW THAT BODIES CORPORATE ARE CAPABLE OF COMMITTING PRACTICALLY ALL OFFENCES.

RECENTLY, I TABLED A COMMONWEALTH BILL IN THE ASSEMBLY, WHICH GIVES EFFECT TO THE PROPOSALS MADE BY THE CRIMINAL LAW OFFICERS COMMITTEE OF THE STANDING COMMITTEE OF ATTORNEYS- GENERAL. THESE PROPOSALS REPRESENT THE FIRST STEP TO A UNIFORM CRIMINAL CODE AND THEY RELATE TO GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY FOR COMMONWEALTH OFFENCES. THE PRINCIPLES PROVIDE THAT A BODY CORPORATE MAY BE FOUND GUILTY OF ANY OFFENCE, INCLUDING ONE PUNISHABLE WITH IMPRISONMENT.

ALSO THE GOVERNMENT AGREES TO RECOMMENDATION 4 , WHICH SUGGESTS THAT AMENDMENT TO SECTION 103(2) OF THE CHILDRENS SERVICES ACT 1986 BE REVIEWED AFTER A REASONABLE PERIOD OF TIME.

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