What’s to Know? The New Cartel Offence

University of New South Wales Law Journal, Vol. 32, No. 1, pp. 216-226, 2009

11 Pages Posted: 23 Sep 2010

See all articles by Alex Steel

Alex Steel

University of New South Wales (UNSW) - Faculty of Law

Date Written: April 1, 2009

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: cartels, sexual servitude, Commonwealth Criminal Code, elements of crime

JEL Classification: K14

Suggested Citation

Steel, Alex, What’s to Know? The New Cartel Offence (April 1, 2009). University of New South Wales Law Journal, Vol. 32, No. 1, pp. 216-226, 2009, Available at SSRN: https://ssrn.com/abstract=1681765

Alex Steel (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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