I run a medium sized business and was recently investigated by ASIC. They told me that I would be charged with some corporate crimes because of what they found out from the investigation. How can I find out if I have been charged under Commonwealth law or state law and exactly what I have been charged with?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
IAnswer by LegalEagle™ staff, Bronte 2024 NSW
- There are different corporate crimes. Commonwealth law covers some offences and the laws of your state or territory cover others.
- The relevant police or Department of Public Prosecution (DPP) will handle your charges depending on whether you have been charged under Commonwealth or state law.
- The easiest way to work this out is to look at the paperwork. The police or DPP must serve you with all the relevant paperwork. This should include a list of the charges and the relevant sections of the legislation plus information about when you need to appear in court.
- If you have not received your paperwork yet then you should contact ASIC, the police or DPP and ask for it.