‘Lifting the fear and suppressing the greed’: Penalties for white-collar crime and corporate and financial misconduct in Australia

23 March 2017

© Commonwealth of Australia 2017
ISBN 978-1-76010-544-0

View the report as a single document - (PDF 594KB)

View the report as separate downloadable parts:

Senate Economics References Committee (PDF 21KB)
List of recommendations (PDF 8KB)
Chapter 1 - Introduction and Overview (PDF 94KB)

Submissions and public hearings
Defining 'white-collar crime' and 'corporate and financial misconduct'
Is Australia a 'paradise' for white-collar crime?
Impacts of white-collar crime and corporate and financial misconduct
Recent inquiries and reports regarding the penalties issue
Structure of this report

Chapter 2 - Overview of the current penalty framework (PDF 100KB)

Categories of penalties for white-collar crime and financial misconduct
Responsibilities for enforcement and the application of penalties
Views on the adequacy and consistency of the current penalty framework
Committee view

Chapter 3 - The investigation and prosecution of white-collar crime and corporate and financial misconduct (PDF 113KB)

Evidentiary standards and white-collar offences
Deterrence dependent on prospects of detection and prosecution
Encouraging corporate cooperation and compliance
Committee view

Chapter 4 - Sentencing, deterrence and custodial sentences (PDF 128KB)

Purposes of penalties and sentencing
Custodial sentences for white-collar offences
Mandatory sentencing
Committee view

Chapter 5 - Banning orders and infringement notices (PDF 63KB)

Importance of banning and disqualification orders
Committee view
Infringement notices
Committee view

Chapter 6 - Monetary penalties and disgorgement (PDF 89KB)

Adequacy of current maximum monetary penalties
Limitations of monetary penalties in cases involving bankruptcy
Disgorgement powers
Committee view

Additional comments from the Australian Greens (PDF 26KB)

Detection and deterrence: Fear is the key
Targeting those responsible
Strong and consistent penalties: Make the time fit the crime
Public reporting: name and shame

Appendix 1 - Submissions received (PDF 16KB)

Submissions received in the 44th Parliament
Submissions received in the 45th Parliament

Appendix 2 - Additional information, tabled documents and answers to questions on notice received (PDF 11KB)

Additional information
Tabled documents
Answers to questions on notice

Appendix 3 - Public hearings and witnesses (PDF 9KB)

Committee Secretariat contact:

Senate Standing Committees on Economics
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 3540