Steel, Alex --- "What's to Know? The New Cartel Offence" [2010] UNSWLRS 41

University of New South Wales Faculty of Law Research Series

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What's to Know? The New Cartel Offence [2010] UNSWLRS 41 (19 October 2010)

Last Updated: 26 October 2010

What’s to Know? The New Cartel Offence

Alex Steel, University of New South Wales

This paper is available for download at http://law.bepress.com/unswwps/flrps10/art41/

Citation

This paper was published in the University of New South Wales Law Journal, Vol. 32, No. 1, pp. 216-226, 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.