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COMMERCIAL DEVIANCE: A CRIMINALITY THAT HAS BEEN TREATED AS A LOW PRIORITY BY AUSTRALIAN GOVERNMENTS

NCJ Number
147888
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 17 Issue: 1/2 Dated: (Spring/Fall 1993) Pages: 121-148
Author(s)
R C Holland
Date Published
1993
Length
28 pages
Annotation
This article outlines some of the major changes that occurred in Australia in response to revelations of widespread commercial deviance during the 1970s. The author comments on the reasons why governments have not overhauled the laws governing commercial conduct and continually underfunded regulatory agencies.
Abstract
Commercial deviance in Australia has not been regarded seriously because, in one sense, it was perceived of as only paper crime; there was nothing emotive about it, no physical violence and very little premeditated action. As a result, responsibility for white collar crime has not been associated with an individual's actions, and no stigma of moral reprehensibility has naturally been associated with this behavior, behavior to which it was jurisprudentially and philosophically inappropriate to apply criminal sanctions. The following changes to existing procedures were made between the early 1970s and the mid-1980s: (1) Three government agencies were assigned responsibility for regulating commercial deviance; (2) Major legislative changes occurred and Special Prosecutors were appointed; (3) Additional police personnel were assigned to relevant units; and (4) Antitrust Acts of Parliament were enacted to regulate restrictive and monopolistic business practices. The major changes were enacted by the commonwealth government; few changes have been enacted by state governments. Endnotes, references

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