Collusion refers to secret or illegal cooperation between two or more parties to deceive or cheat others. In the context of legal proceedings, collusion refers to the illegal agreement between parties to present false or misleading evidence, or to hide or destroy evidence, in order to influence the outcome of a case.
In Australia, collusion is considered a criminal offence and is governed by the general criminal laws of each state and territory. It's considered fraud, deception or corrupt conduct and is punishable under the criminal code.
The Commonwealth Criminal Code Act 1995, which applies to all states and territories, includes provisions criminalizing collusion in relation to Commonwealth offences, such as fraud against the Commonwealth or bribery of Commonwealth public officials.
The Australian Competition and Consumer Commission (ACCC) is responsible for enforcing the Competition and Consumer Act 2010, which prohibits collusion between businesses that is intended to restrict competition.
In addition, the Australian Securities and Investments Commission (ASIC) has powers to investigate and prosecute fraud, deception, and other forms of misconduct in the financial services industry, including collusion.
