From Hard Labour to Spies v The Queen: Prosecuting Corporate Officers under the Crimes Act

Alex Steel, University of New South Wales

Abstract

While the Australian Corporations Law appears to provide a comprehensive scheme for the criminal liability of directors, officers and auditors of corporations, State Crimes Acts have significant offences directly aimed at corporate officer wrongdoing. This article provides a detailed analysis of the elements of these offences, with a concentration on the Crimes Act 1900 (NSW) and the High Court decision of Spies v The Queen (2000) 74 ALJR 1263. The article also places the offences in their historical context and examines the degree of use of the offences.