Consolidated TPA

Treasury hasn’t produced one and there’s no current consolidation at ComLaw, so in light of the fact that the criminal cartel laws (and the new civil cartel laws) kick into operation tomorrow I have prepared an unofficial consolidation.  The process of reviewing the entire Act has reminded me what bad shape it is in – I thought the numbering of the new cartel provisions was bad, but I’ve been reminded that the numbering scheme is simply consistent (and in some respects simpler) than most of the rest of the Act …

Note: A current consolidation is now also available at ComLaw and AustLII

Criminal Cartel Bill Introduced

The much anticipated criminal cartel bill was introduced into Parliament today. The bill, EM and related material can be viewed at the bill home page.

MOU and immunity policies for criminal cartel conduct

On 1 December the ACCC and the CDPP released their final MOU regarding immunity for criminal cartel conduct (see also CDPP press release).  The ACCC has also issued revised immunity guidelines.  The MOU and new Immunity policies are subject to the new criminal cartel laws coming into operation.  Importantly, a new ‘Annexure to the Prosecution Policy of the Commonwealth for Immunity from Prosecution in Serious Cartel Offences’ has been created.  Paragraph 1.3 states: “Following a recommendation from the ACCC, the Director will decide whether to grant immunity from prosecution by applying the same criteria as contained in the ACCC’s immunity policy.  The decision of the Director whether to grant immunity will be communicated to the applicant at the same time as the ACCC’s decision whether to grant conditional immunity.”

See further “Immunity Plan for Cartel Whistleblowers” in the Australian today (2 December)