Commonwealth criminal offences (or Federal Offences) are governed by Commonwealth legislation which is enacted by Federal Parliament in Canberra. These laws apply to all states and territories in Australia, as distinct from state offences, which generally cannot be committed outside the state that imposed them.
Commonwealth criminal offences form an important part of the justice system because they allow for offenders to be prosecuted for crimes that are committed across state borders, or offences committed overseas. For this reason, Commonwealth criminal offences prosecuted in the higher courts can involve widespread, complicated and sophisticated criminal activity.
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How are Commonwealth criminal offences investigated and prosecuted?
Commonwealth criminal offences are predominantly investigated by the Australian Federal Police and prosecuted by the Commonwealth Director of Public Prosecutions, however sometimes Victoria Police can investigate and prosecute low level Commonwealth criminal offences. Terrorism offences, drug importation, financial crime and sexual offences involving the transmission of illegal material are some offences that are ordinarily prosecuted under the Commonwealth legislation.
Sentencing of Commonwealth criminal offences
A key feature of Commonwealth offences is that the sentencing Court must impose a sentence under the Commonwealth Crimes Act. The most important distinction is that the Court has the power to impose a wholly suspended sentence of imprisonment or a partially suspended sentence of imprisonment for any term of up to three years duration, when dealing with Commonwealth offences. The Court does this by imposing a term of imprisonment, and releasing a person onto a ‘Recognisance Release Order’, which is an enforceable undertaking to be of good behaviour. This type of sentence is no longer available for Victorian offences.
Case Study - Commonwealth Offences
Our solicitors have a thorough understanding of Commonwealth offences and how they are litigated in the Victorian courts.
Ms Jasmine Pisasale of our office appeared before the County Court of Victoria on 3 July 2019 in relation to a Commonwealth matter involving $90,000.00 in welfare benefits that had been fraudulently obtained. Our client had an impoverished background in Africa, and had migrated to Australia as a refugee. She had obtained the benefits over a number of years in a misguided attempt to support her family, and had commenced making repayments to the government. Our client was sentenced to 18 months imprisonment to be released immediately onto a Recognisance Release Order.
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We can provide more information on Commonwealth criminal offences and help in navigating the legal process.
Commonwealth Criminal Offences – Frequently Asked Questions
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The Federal Government has the power to create offences in areas where it has the authority to act, such as control of the national borders, trade, taxation, social security and customs.
A Commonwealth criminal offence is charged where there is a breach of the law of the Commonwealth, such as the Customs Act or the Crimes Act (Cth). The Criminal Code (Cth) governs the general principle of criminal liability for all federal offences. It is not prosecuted under the State laws and the conduct of the prosecution is usually undertaken by the Commonwealth Director of Public Prosecutions. The sentencing of offenders for commonwealth offences is largely governed by the Crimes Act (Cth) and requires the court to consider consistency in sentencing across all the jurisdictions.
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The Australian Federal Police may work closely with the Taxation Office and the Department of Human Services and other agencies such as Work Cover to discover and prosecute fraudulent activity.
- Commonwealth prosecutions of tax fraud are common and there is a focus on prosecuting GST frauds.
- Avoidance of excise duties on alcohol and tobacco products imported are also often prosecuted.
- Social security prosecutions for fraud are common and of significant focus.
- Overpayment, failure to disclose relevant information and fraudulent receipt of government benefits are actively prosecuted.
- False statements for benefits, failing to declare income or being employed while receiving a benefit may attract prosecution.
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Commonwealth Drug offences are often associated with illegal importations of illicit drugs. These may range from more minor offences involving small quantities of a border-controlled substance to larger importations. There are offences involving “marketable quantities” (maximum penalty 20 years) and “commercial quantities” (maximum penalty life imprisonment) and quantity threshold will vary depending on the type of drug. Often the offence will be an attempt to import or attempt to possess a border-controlled substance as the drug or other substance has been intercepted and substituted by the police. The Commonwealth also prosecute other drug offences involving precursor chemicals (for example pseudoephedrine) and other border-controlled substances such as steroids. Other offences may include manufacturing or trafficking in a drug of dependence. These matters are investigated by the Australian Federal Police who work closely with Border Control and other agencies.
