What is a commonwealth criminal offence?

The Federal Government has the power to create offences in areas where it has the authority to act. This includes 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 1914 (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). The court is required to consider consistency in sentencing across all the jurisdictions.

What are the types of Commonwealth fraud?

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.

What drug offences are charged at a Commonwealth-level?

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). 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.

Legal Expertise

Commonwealth Offences Lawyer Melbourne

ABOUT

What Are Commonwealth Offences?

Commonwealth criminal offences are governed by federal law enacted by the Australian Parliament. Unlike state-based charges, they often involve conduct crossing state or international borders, offences against federal agencies, and sophisticated investigations by the Australian Federal Police. Because of their scope, these matters are prosecuted in the higher courts and can carry severe penalties.

Slades & Parsons is a Melbourne-based criminal law firm with extensive experience representing clients in complex Commonwealth matters. Our lawyers understand how the federal legal system operates and have a strong track record dealing with both the AFP and the Commonwealth Director of Public Prosecutions (CDPP).

If you are under investigation or facing charges under Commonwealth law, do not delay. Call us on (03) 9602 3000 – we are available 24/7 for urgent legal advice and representation.

COMMONWEALTH ADVICE

Types of Commonwealth Offences We Defend

Our firm represents clients facing a wide range of Commonwealth offences. Drug importation and trafficking matters involve importing or exporting border-controlled substances or precursors under federal legislation, with penalties reaching life imprisonment for commercial quantities. Welfare and tax fraud cases cover Centrelink fraud, tax evasion, and dishonestly obtaining financial benefits. Money laundering and commercial crime matters involve the concealment of criminal proceeds or large-scale financial crime.

We also defend cybercrime and telecommunications offences – including hacking, identity theft, online fraud, and illegal material transmission – as well as high-stakes charges involving human trafficking, slavery, and terrorism prosecuted under specific federal legislation. Our practice extends to environmental, aviation, and workplace safety crimes involving breaches of federal law, and to general crimes against the Commonwealth including corruption, perjury, and failing to vote.

How We Can Help You

Every Commonwealth offence case begins with a thorough and confidential consultation in which we review your situation, explain the charges and potential outcomes, and help you understand your rights. Commonwealth matters often involve lengthy investigations – if you are being questioned before charges are laid, engaging us early allows us to communicate with federal authorities on your behalf from the outset.

We closely examine the brief of evidence to identify weaknesses in the prosecution’s case, unlawful procedures, or breaches of your rights. Where appropriate, we negotiate directly with the CDPP to pursue withdrawal or downgrading of charges. If the matter proceeds to court, we prepare rigorously – whether for a bail application, pre-trial hearing, or contested trial.

In sentencing scenarios, we prepare compelling submissions on your background, rehabilitation prospects, and any steps taken such as restitution. Where available, we pursue Recognisance Release Orders to help clients avoid imprisonment.

Why You Need a Specialist Commonwealth Offences Lawyer

Commonwealth charges are investigated by the AFP and prosecuted by the CDPP – agencies with significant resources and experience. These matters often involve sophisticated evidence, cross-jurisdictional processes, and strict sentencing rules under the Commonwealth Crimes Act. You need lawyers who understand this space inside out.

Slades & Parsons has over 35 years of experience defending serious criminal charges including complex federal offences. We are skilled negotiators and seasoned advocates in both the County and Supreme Courts, and our team stays ahead of legislative changes affecting sentencing, including the continued availability of Recognisance Release Orders.

In one recent matter, our solicitor appeared in the County Court of Victoria in relation to a Commonwealth fraud involving $90,000 in welfare benefits fraudulently obtained. Despite the seriousness of the charge, our client was sentenced to 18 months imprisonment to be released immediately onto a Recognisance Release Order – avoiding a term of full-time custody.

Speak to a Commonwealth Criminal Lawyer Today

If you are under investigation or facing charges under Commonwealth law, do not delay. These matters are serious, and the right legal advice early on can significantly change the outcome. Early intervention allows us to communicate with federal authorities on your behalf, protect your legal position, and begin building a tailored defence strategy before charges are even formally laid.

The principal legislation governing Commonwealth criminal liability is the Criminal Code Act 1995 (Cth). Sentencing of Commonwealth offenders is largely governed by the Crimes Act 1914 (Cth), and courts are required to consider consistency in sentencing across all jurisdictions – making specialist knowledge of federal law essential.

Slades & Parsons are available to take your call 24 hours a day. Contact us on (03) 9602 3000 to book a confidential consultation with an experienced Commonwealth offences lawyer.

DISCUSS YOUR CHARGES

The Federal Government has the power to create offences in areas where it has the authority to act. This includes 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 1914 (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). The court is required to consider consistency in sentencing across all the jurisdictions.
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.
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). 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.