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Article
What's to Know? The New Cartel Offence
University of New South Wales Law Journal (2009)
  • Alex Steel, University of New South Wales
Abstract
This article examines the mental elements of the new cartel offence in the Australian Trade Practices Act 1974. it compares the wording of the offence to the interpretation of mental elements under the Commonwealth Criminal Code in R v Tang, a High Court decision on the mental elements of sexual servitude (sex slavery) offence. It concludes that there is no practical difference between the mental elements of the cartel criminal offence and parallel civil penalty provisions and argues that additional mental elements are needed to justify the criminalisation of cartel activity.
Keywords
  • cartel offence,
  • mental elements,
  • Trade Practices Act,
  • sex slavery,
  • Model Criminal Code,
  • statutory intepretation,
  • mental elements of crime
Disciplines
Publication Date
2009
Citation Information
Alex Steel. "What's to Know? The New Cartel Offence" 32 (2009 University of New South Wales Law Journal ) 216-226.

Available at: http://works.bepress.com/alex_steel/14