Criminal Code 2002

If a person conspires with someone else to commit an offence (the offence conspired) punishable by imprisonment for longer than 1 year or by a fine of 200 penalty units or more (or both), the person commits the offence of conspiracy.

However, the person commits the offence of conspiracy only if—

the person entered into an agreement with at least 1 other person; and

the person and at least 1 other party to the agreement intend that an offence be committed under the agreement; and

the person or at least 1 other party to the agreement commits an overt act under the agreement.

Despite subsection (2), any special liability provisions that apply to an offence apply also to the offence of conspiracy to commit the offence.

The offence of conspiring to commit an offence is punishable as if the offence conspired had been committed.

A person may be found guilty of the offence of conspiracy even though—

it was impossible to commit the offence conspired; or

the person and each other party to the agreement is a corporation; or

each other party to the agreement is—

a person who is not criminally responsible; or

a person for whose benefit or protection the offence exists; or

all other parties to the agreement are acquitted of the conspiracy (unless to find the person guilty would be inconsistent with their acquittal).

A person must not be found guilty of the offence of conspiracy to commit an offence if, before the commission of an overt act under the agreement, the person—

withdrew from the agreement; and

took all reasonable steps to prevent the commission of the offence conspired.

A person for whose benefit or protection an offence exists cannot be found guilty of conspiracy to commit the offence.

Any defence, procedure, limitation or qualifying provision applying to an offence applies to the offence of conspiracy to commit the offence.

A court may dismiss a charge of conspiracy if it considers that the interests of justice require it to dismiss the charge.

A proceeding for an offence of conspiracy must not be begun without the consent of the Attorney-General or the director of public prosecutions.

However, a person may be arrested for, charged with, or remanded in custody or on bail in relation to, an offence of conspiracy before the consent has been given.

Part 2.5 Corporate criminal responsibility