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Introduced into the House of
Representatives on 19 September 2012
Portfolio: Treasury
1.2
This bill makes amendments to personal criminal liability for corporate
fault in various Commonwealth laws. The amendments will:
-
remove personal criminal liability for corporate fault where such
liability is not justified;
- remove the burden of proof on defendants to establish a defence
to a charge;
- replace personal criminal liability for corporate fault with
civil liability where a non-criminal penalty is appropriate; and
- where personal criminal liability is justified, to make clear the
level of fault or involvement necessary to trigger such liability.
1.3
The bill implements the COAG Directors’ Liability reform, which aims to
harmonise the imposition of personal criminal liability for corporate fault
across Australian jurisdictions. The reforms seek to address concerns over a
trend in regulatory legislation to hold company officers criminally liable when
their company breaches a statutory requirement (derivative liability).
Presumption of innocence
1.4
The statement of compatibility states that the bill:
engages and promotes the right to the presumption of
innocence in Article 12 [sic] of the International Covenant on Civil and
Political Rights. The bill amends provisions to remove obligations on
defendants to show an applicable defence. Removing this obligation promotes
the presumption of innocence.
1.5
The committee considers that the bill does not appear to raise any
human rights concerns and the statement of compatibility is adequate.
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