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Last updated: August 2008
Protection of the Commonwealth against crime
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To protect their agencies from criminal conduct, it is important for agency heads to be aware of the behaviours that may constitute criminal offences against the Commonwealth.
Criminal Code Act
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The Criminal Code Act 1995 (incorporating the Criminal Code) provides an integrated statement of the major offences against Commonwealth law and codifies the general principles of criminal responsibility. The principles apply to all Commonwealth offences whether or not they are included in the Criminal Code Act. Agency heads should be aware of the concepts set out in the Criminal Code Act, in particular those criminal offences relating to the proper administration of Government.
The Criminal Code Act also sets out a range of offences, including theft, fraud, abuse of public office, bribery and unauthorised access to, or modification of, restricted data held in a Commonwealth computer to which access is restricted by an access control system.
Crimes Act
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Unauthorised disclosure of official information may breach section 70 of the Crimes Act 1914, which makes it an offence for a Commonwealth officer to publish or communicate any fact or document where they are unauthorised. Section 79 of the Act deals with official secrets.
Financial Management and Accountability Act
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There are a number of provisions in the Financial Management and Accountability Act 1997 that carry criminal penalties for non-compliance. For example, section 11, requiring that officials or Ministers deposit public money in an official account, carries a maximum penalty of 7 years’ imprisonment. Section 14 also carries a maximum penalty of 7 years’ imprisonment, and relates to the misapplication or improper use of public money. Section 60 provides that use by officials or Ministers of Commonwealth credit cards or numbers other than for the Commonwealth carries the same maximum penalty.
Enforcement and prosecution
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The Australian Federal Police (AFP) enforces Commonwealth criminal law, and protects Commonwealth and national interests from crime in Australia and overseas. The AFP is Australia's international law enforcement and policing representative, and the chief source of advice to the Australian Government on policing issues.
The primary role of the Commonwealth Director of Public Prosecutions (DPP) is to prosecute offences against Commonwealth law, including the Corporations Act 2001, and to recover the proceeds of crime. The DPP is not an investigative body and can prosecute only when there has been an investigation by the AFP or another investigative agency.
