Jurisdiction Spotlight: Australia

Abstract

This article focuses on three important recent trends in the development of the criminal law in Australia: first, the harmonisation and federalisation of criminal law; secondly, the enactment of sometimes controversial terrorism offences in the wake of the “war on terror”; and thirdly, the making of new laws to deal with organised crime. The last two decades in particular, have seen a move towards greater harmonisation and the creation of new federal offences, particularly in the areas of terrorism, serious and organised crime, and cybercrime. This article discusses both the domestic and international impact of these developments. In order to understand the way criminal law operates, and has developed, in Australia, it is important first to summarise Australia‟s particular federal constitutional framework.