'THE Federal Government has released a draft bill to criminalise cartel behaviour — which proposes that authorities be banned from using telephone taps to uncover evidence of cartels.
The draft bill, released yesterday by Assistant Treasurer Chris Bowen, proposes penalties of up to five years' jail for anyone who makes or implements an agreement with competitors for cartel behaviour and fines of up to $10 million for corporations.
To make criminal charges stick, however, the Australian Competition and Consumer Commission must prove that the person made or carried out the agreement "with the intention of dishonestly obtaining a benefit".
A memorandum of understanding between the ACCC and the Director of Public Prosecutions says the ACCC will focus on "conduct of the type that can cause large-scale or serious economic harm", and "will not ordinarily refer relatively minor cartel conduct to the DPP".'
The Age full article last Saturday:
A rather interesting read. The Rudd Government is all for stopping cartel behaviour, but appears to be contemplating taking the guts out of any investigative power by banning telephone interception warrants in cartel investigations.
It's almost as if the Treasurer would like to catch another Visy and is rather scared that he actually might.
However we have all been given until 29 February 2008 to comment on the Rudd Government's draft bill, which was reportedly lifted holus bolus from that quashed Costello draft.
Knock yourselves out.
Discussion Paper and submission details:
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