Regulatory Regimes and Organised Crime: Report (html)



Accounting Professional and Ethical Standards Board, APES 110 Code of Ethics for Professional Accountants (December 2010)

Albanese, Jay S, ‘Where Organized and White Collar Crime Meet: Predicting the Infiltration of Legitimate Business’ in Jay Albanese (ed), Contemporary Issues in Organized Crime (Criminal Justice Press, 1995) 35

— ‘Risk Assessment in Organized Crime: Developing a Market and Product-Based Model to Determine Threat Levels’ (2008) 24(3) Journal of Contemporary Criminal Justice 263

Allen Consulting Group, ‘A Framework for Considering the Use of Occupational Licensing’ (Report to Consumer Affairs Victoria, April 2007)

Anderson, Helen and Linda Haller, ‘Phoenix Activity and the Liability of the Advisor’ (2014) 36(3) Sydney Law Review 471

Anteris Consulting Pty Ltd (for the Australian Competition and Consumer Commission), Research into the Australian Debt Collection Industry (May 2015)

Attorney-General’s Department, Statutory Review of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 <>

Australian Crime Commission, Criminal Infiltration in the Private Security Industry (July 2013) <>

Organised Crime and Drugs in Sport: New Generation Performance and Image Enhancing Drugs and Organised Crime Involvement in their Use in Professional Sport (2013)

Organised Crime Groups (2013) <>

Annual Report 2013–14 (2014)

Organised Crime in Australia 2015 (2015)

Australian Government, National Code of Practice for Chemicals of Security Concern (2013) <>

Towards Responsible Government: The Report of the National Commission of Audit—Phase One (February 2014)

Regulator Performance Framework (October 2014)

National Organised Crime Response Plan 2015–18

Australian Health Practitioner Regulation Agency, Registration Standard: Criminal History—For Registered Health Practitioners (1 July 2015) <>

Australian Human Rights Commission, On the Record: Guidelines for the Prevention of Discrimination in Employment on the Basis of Criminal Record (2012)

Australian Institute of Criminology and Australian Crime Commission, Serious and Organised Investment Fraud in Australia (July 2012)

Australian Institute of Criminology, on behalf of the Australian and New Zealand Crime Prevention Senior Officers’ Group, National Crime Prevention Framework (2011) <>

Australian Securities and Investments Commission, Investment Warnings — Land Banking


Australian Transaction Reports and Analysis Centre, Money Laundering in Australia 2011 (2011)

Money Laundering through Legal Practitioners—Strategic Analysis Brief (2015)

Money Laundering through Real Estate—Strategic Analysis Brief (2015)

Ayling, Julie, ‘Harnessing Third Parties for Transnational Environmental Crime Prevention’ (2013) 2(2) Transnational Environmental Law 339

— ‘”Going Dutch”? Comparing Approaches to Preventing Organised Crime in Australia and the Netherlands’ (2014) 1(1) The European Review of Organised Crime 78

Ayres, Ian and John Braithwaite, Responsive Regulation: Transcending the Deregulation Debate (Oxford University Press, 1992)

Baldwin, Robert and Julia Black, ‘Really Responsive Regulation’ (2008) 71(1) Modern Law Review 59

Ball, Rochelle, Laura Beacroft and Jade Lindley, ‘Australia’s Pacific Seasonal Worker Pilot Scheme: Managing Vulnerabilities to Exploitation’ Trends & Issues in Crime and Criminal Justice no. 432 (Australian Institute of Criminology, 2011)

Black, Justice Ashley, ‘Directors’ Statutory and General Law Accessory Liability for Corporate Wrongdoing’ (2013) 31 Company and Securities Law Journal 511

Braithwaite, John, Regulatory Capitalism: How it Works, Ideas for Making it Work Better (Edward Elgar, 2008)

Brewer, Russell, Policing the Waterfront: Networks, Partnerships, and the Governance of Port Security (Oxford University Press, 2014)

Bricknell, Samantha, Firearm Trafficking and Serious and Organised Crime Gangs, Research and Public Policy Series no. 116 (Australian Institute of Criminology, 2012)

Bullock, Karen, Ronald V Clarke and Nick Tilley (eds), Situational Prevention of Organised Crimes (Willan Publishing, 2010)

Caneppele, Stefano, Michele Riccardi and Priscilla Standridge, ‘Green Energy and Black Economy: Mafia Investments in the Wind Power Sector in Italy’ (2013) 59 Crime, Law and Social Change 319

Chartered Accountants Australia and New Zealand, Chartered Accountants Advisory Group (CAAG) <>

Cherney, Adrian, Juani O’Reilly and Peter Grabosky, ‘Networks and Meta-regulation: Strategies Aimed at Governing Illicit Synthetic Drugs’ (2006) 16(4) Policing and Society 370

Chiu, Yi-Ning, Benoit Leclerc and Michael Townsley, ‘Crime Script Analysis of Drug Manufacturing in Clandestine Laboratories’ (2011) 51 British Journal of Criminology 355

Choo, Kim-Kwang Raymond et al, Perceptions of Money Laundering and Financing of Terrorism in a Sample of the Australian Legal Profession in 2008–09, Research and Public Policy Series no. 122 part 1 (Australian Institute of Criminology, 2013)

Commonwealth, Royal Commission into Trade Union Governance and Corruption, Final Report (December 2015)

Consumer Affairs Victoria, ‘Stopping Rogue Traders’ (Research Paper No 11, November 2006)

Apply for a Sex Work Service Provider’s Licence (2015) <>

Council of Europe, Preventive Legal Measures Against Organised Crime, Best Practice Survey No 9 (2003)

Council of the European Union, Note from Eurojust to the Standing Committee on Operational Co-operation on Internal Security, ‘A Multidisciplinary Approach to Organised Crime: Administrative Measures, Judicial Follow-up, and the Role of Eurojust’, Outcome Report (14 June 2012) <>

Crime and Misconduct Commission, Regulating Prostitution: An Evaluation of the Prostitution Act 1999 (Qld) (2004)

de Koker, Louis and Kayne Harwood, ‘Supplier Integrity Due Diligence in Public Procurement: Limiting the Criminal Risk to Australia’ (2015) 37(2) Sydney Law Review 217

Department of Economic Development, Jobs, Transport and Resources, Forms—Licences, Permits, Boats (17 November 2015) <>

Department of Treasury and Finance, Victorian Guide to Regulation (December 2014)

Doig, Alan and Michael Levi, ‘Inter-agency Work and the UK Public Sector Investigation of Fraud, 1996–2006: Joined-up Rhetoric and Disjointed Reality’ (2009) 19(3) Policing and Society 199

Fair Work Ombudsman and PricewaterhouseCoopers, Phoenix Activity: Sizing the Problem and Matching Solutions (June 2012)

Fair Work Ombudsman, Local Government Procurement Initiative <>

Financial Action Task Force, Money Laundering and Terrorist Financing through the Real Estate Sector (29 June 2007)

Money Laundering Using Trust and Company Service Providers (October 2010)

International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation: The FATF Recommendations (February 2012)
— Money Laundering and Terrorist Financing Vulnerabilities of Legal Professionals (June 2013)

FATF Guidance: Transparency and Beneficial Ownership (October 2014)

Financial Action Task Force and Asia/Pacific Group on Money Laundering, Anti-money Laundering and Counter-terrorist Financing Measures—Australia, Fourth Round Mutual Evaluation Report (April 2015)

G20, High-level Principles on Beneficial Ownership Transparency (2014) <>

Gilmour, Nicholas and Nick Ridley, ‘Everyday Vulnerabilities: Money Laundering through Cash Intensive Businesses’ (2015) 18(3) Journal of Money Laundering Control 293

Hancock, Graham and Gloria Laycock, ‘Organised Crime and Crime Scripts: Prospects for Disruption’ in Karen Bullock, Ronald V Clarke and Nick Tilley (eds), Situational Prevention of Organised Crimes (Willan Publishing, 2010) 172

Harper, Professor Ian et al, Competition Policy Review: Final Report (March 2015)

Howard, Gayle, ‘World Wide Waste’ (2015) 3(1) Scottish Justice Matters 15

IBISWorld Industry Report L6720, Real Estate Services in Australia (August 2015)

IBISWorld Industry Report M6931, Legal Services in Australia (October 2015)

Independent Broad-based Anti-corruption Commission, Organised Crime Group Cultivation of Public Sector Employees, Intelligence Report No 1 (2015)

International Chamber of Commerce and Business Action to Stop Counterfeiting and Piracy, Roles and Responsibilities of Intermediaries: Fighting Counterfeiting and Piracy in the Supply Chain (March 2015)

INTERPOL, National Environmental Security Task Force Manual (February 2014) <>

Jacobs, James B, Gotham Unbound: How New York City Was Liberated from the Grip of Organized Crime (New York University Press, 1999)

Lamont, Alister and Rhys Price-Robertson, Risk and Protective Factors for Child Abuse and Neglect (March 2013) Australian Institute of Family Studies <>

Law Council of Australia, Anti-money Laundering Guide for Legal Practitioners (December 2009)

Law Reform, Drugs and Crime Prevention Committee, Parliament of Victoria, Inquiry into the Supply and Use of Methamphetamines, Particularly Ice, in Victoria: Final Report (2014)

Malm, Aili and Gisela Bichler, ‘Using Friends for Money: The Positional Importance of Money-launderers in Organized Crime’ (2013) 16 Trends in Organized Crime 365

McQuaid, Ronald W, ‘Theory of Organizational Partnerships: Partnership Advantages, Disadvantages and Success Factors’ in Stephen P Osborne (ed), The New Public Governance? Emerging Perspectives on the Theory and Practice of Public Governance (Routledge, 2010) 127

Middleton, David J and Michael Levi, ‘The Role of Solicitors in Facilitating “Organized Crime”: Situational Crime Opportunities and their Regulation’ (2004) 42 Crime, Law and Social Change 123

— ‘Let Sleeping Lawyers Lie: Organized Crime, Lawyers and the Regulation of Legal Services’ (2015) 55(4) British Journal of Criminology 647

Middleton, David, ‘Lawyers and Client Accounts: Sand through a Colander’ (2008) 11(1) Journal of Money Laundering Control 34

Morgan, Russell and Ronald V Clarke, ‘Legislation and Unintended Consequences for Crime’ (2006) 12 European Journal of Criminal Policy Research 189

Morrison, Shona, ‘Approaching Organised Crime: Where Are We Now and Where Are We Going?’ Trends & Issues in Crime and Criminal Justice no. 231 (Australian Institute of Criminology, 2002)

National Crime Agency, High End Money Laundering: Strategy and Action Plan (December 2014)

Naylor, Bronwyn, ‘Living Down the Past: Why a Criminal Record Should Not be a Barrier to Successful Employment’ (2012) 18(8) Employment Law Bulletin 115

Naylor, Bronwyn, Moira Paterson and Marilyn Pittard, ‘In the Shadow of a Criminal Record: Proposing a Just Model of Criminal Record Employment Checks’ (2008) 32(1) Melbourne University Law Review 171

Nelen, Hans, ‘Real Estate and Serious Forms of Crime’ (2008) 35(10) International Journal of Social Economics 751

— ‘Situational Organised Crime Prevention in Amsterdam: The Administrative Approach’ in Karen Bullock, Ronald V Clarke and Nick Tilley (eds), Situational Prevention of Organised Crimes (Willan Publishing, 2010) 93

Ossolinski, Crystal, Tai Lam and David Emery, ‘The Changing Way We Pay: Trends in Consumer Payments’ (Research Discussion Paper, Reserve Bank of Australia, June 2014)

Pharmacy Guild of Australia and Attorney-General’s Department, Project Stop <>

Police Scotland, Cannabis Cultivation: What Should I Know as a Landlord? <>

Prenzler, Tim and Alastair Milroy, ‘Recent Inquiries into the Private Security Industry in Australia: Implications for Regulation’ (2012) 25(4) Security Journal 342

Prenzler, Tim and Rick Sarre, ‘Developing a Risk Profile and Model Regulatory System for the Security Industry’ (2008) 21(4) Security Journal 264

— ‘Smart Regulation for the Security Industry’ in Tim Prenzler (ed), Professional Practice in Crime Prevention and Security Management (Australian Academic Press, 2014) 175

Productivity Commission, ‘Mutual Recognition Schemes’ (Research Report, Productivity Commission, September 2015)

Putt, Judy and Diana Nelson, ‘Crime in the Australian Fishing Industry’ Trends & Issues in Crime and Criminal Justice no. 366 (Australian Institute of Criminology, 2008)

Putt, Judy and Katherine Anderson, A National Study of Crime in the Australian Fishing Industry, Research and Public Policy Series no. 76 (Australian Institute of Criminology, 2007)

Queensland, Organised Crime Commission of Inquiry, Report (October 2015)

Ritchie, Donald, Does Imprisonment Deter? A Review of the Evidence (Sentencing Advisory Council, 2011)

Rozekrans, Rens and Eduard J Emde, ‘Organized Crime—Towards the Preventative Screening of Industries: A Conceptual Model’ (1996) 7 Security Journal 169

Savona, Ernesto U and Giulia Berlusconi (eds), Organized Crime Infiltration of Legitimate Businesses in Europe: A Pilot Project in Five European Countries, Final Report of Project Ariel (Transcrime, 2015)

Savona, Ernesto U and Michele Riccardi (eds), From Illegal Markets to Legitimate Businesses:
The Portfolio of Organised Crime in Europe
, Final Report of Project OCP—Organised Crime Portfolio (Transcrime, 2015)

Scottish Environment Protection Agency, Guidance on Procuring Waste Services for
Public Bodies and their Contractors: Good Practice Guidance to Prevent Crime
(July 2015)


Scottish Government, Scotland’s Serious Organised Crime Strategy (2015)

Smith, Russell G, ‘Anti-money Laundering: The Accounting and Legal Professions’ in David Chaikin (ed), Financial Crime Risks, Globalisation and the Professions (Australian Scholarly Publishing, 2013) 28

Solicitors Regulation Authority, Cleaning Up: Law Firms and the Risk of Money Laundering

(November 2014)

Risk Outlook 2015/16: An Overview of our Priority Risks (July 2015)

Soudijn, M R J, ‘Using Strangers for Money: A Discussion on Money-Launderers in Organized Crime’ (2014) 17 Trends in Organized Crime 199

Spapens, A C M, M Peters and D Van Daele (eds), Administrative Approaches to Crime (2015) <>

Stamp, John and John Walker, ‘Money Laundering in and through Australia, 2004’ Trends & Issues in Crime and Criminal Justice no. 342 (Australian Institute of Criminology, 2007)

The Law Society of England and Wales, Land Banking Schemes (10 September 2008)


van Duyne, Petrus C, ‘Money Laundering Policy: Fears and Facts’ in Petrus C van Duyne, Klaus von Lampe and James L Newell (eds), Criminal Finances and Organising Crime in Europe (Wolf Legal Publishers, 2003) 67

Vander Beken, Tom and Annelies Balcaen, ‘Crime Opportunities Provided by Legislation in Market Sectors: Mobile Phones, Waste Disposal, Banking, Pharmaceuticals’ (2006) 12 European Journal of Criminal Policy Research 299

Vander Beken, Tom and Stijn Van Daele, ‘Legitimate Businesses and Crime Vulnerabilities’ (2008) 35(10) International Journal of Social Economics 739

Vander Beken, Tom et al, ‘The Vulnerability of Economic Sectors to (Organised) Crime: The Case of the European Road Freight Transport Sector’ in Petrus C van Duyne et al (eds), The Organised Crime Economy: Managing Crime Markets in Europe (Wolf Legal Publishers, 2005) 19

Vander Beken, Tom, ‘Risky Business: A Risk-based Methodology to Measure Organized Crime’ (2004) 41 Crime, Law and Social Change 471

Victoria Police, Task Force Discover: Addressing Profit-motivated Vehicle Theft in Victoria’s Separated Parts and Scrap Metal Industries (2014)

Victorian Competition and Efficiency Commission, Strengthening Foundations for the Next Decade: An Inquiry into Victoria’s Regulatory Framework, Final Report (2011)

Smart Regulation: Grappling with Risk, Guidance Note Version 1 (April 2015)

Walters, Julie et al, Industry Perspectives on Money Laundering and Financing of Terrorism Risks in Non-financial Sector Businesses and Professions, Research and Public Policy Series no. 122 part 2 (Australian Institute of Criminology, 2013)

White, Rob and Diane Heckenberg, ‘Key Vulnerabilities and Limitations in the Management of Hazardous Waste and its Disposal: A Checklist Assessment Tool’ (2011) 2 Journal of Environmental Protection 1257

World Economic Forum, Global Agenda Council on Organized Crime, Organized Crime Enablers (July 2012)

Case law

Assistant Commissioner Condon v Pompano Pty Ltd (2013) 252 CLR 38

Attorney-General (NT) v Kearney (1985) 158 CLR 500

Australian Securities and Investments Commission v Sommerville (2009) 77 NSWLR 110

Grant v Downs (1976) 135 CLR 674

Kioa v West (1985) 159 CLR 550

R v Cox and Railton (1884) 14 QBD 153

Roberts v Deputy Commissioner of Taxation [2015] FCA 238 (19 March 2015)

Western Truck Towing Pty Ltd v Douglas [2014] VSC 159 (10 April 2014)



Accident Towing Services Act 2007 (Vic)

Australian Consumer Law and Fair Trading Act 2012 (Vic)

Crimes Act 1958 (Vic)

Criminal Organisations Control Act 2012 (Vic)

Drugs, Poisons and Controlled Substances Act 1981 (Vic)

Drugs, Poisons and Controlled Substances (Precursor Supply) Regulations 2010 (Vic)

Environment Protection Act 1970 (Vic)

Estate Agents Act 1980 (Vic)

Estate Agents (Professional Conduct) Regulations 2008 (Vic)

Evidence Act 2008 (Vic)

Firearms Act 1996 (Vic)

Fisheries Act 1995 (Vic)

Gambling Regulation Act 2003 (Vic)

Legal Profession Uniform Law Application Act 2014 (Vic)

Liquor Control Reform Act 1998 (Vic)

Major Crime (Investigative Powers) Act 2004 (Vic)

Privacy and Data Protection Act 2014 (Vic)

Private Security Act 2004 (Vic)

Second-Hand Dealers and Pawnbrokers Act 1989 (Vic)

Second-Hand Dealers and Pawnbrokers Regulations 2008 (Vic)

Sex Work Act 1994 (Vic)

Summary Offences Act 1966 (Vic)

Transport (Compliance and Miscellaneous) Act 1983 (Vic)


Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)

Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No 1) (Cth)

Australian Crime Commission Act 2002 (Cth)

Australian Human Rights Commission Act 1986 (Cth)

Australian Human Rights Commission Regulations 1989 (Cth)

Competition and Consumer Act 2010 (Cth)

Corporations Act 2001 (Cth)

Criminal Code Act 1995 (Cth)

Fair Work Act 2009 (Cth)

Mutual Recognition Act 1992 (Cth)

Proceeds of Crime Act 2002 (Cth)

Other Australian jurisdictions

Crimes (Criminal Organisations Control) Act 2012 (NSW)

Tattoo Parlours Act 2012 (NSW)

Police Powers and Responsibilities Act 2000 (Qld)

Prostitution Act 1999 (Qld)

Pawnbrokers and Second-hand Dealers Act 1994 (WA)

Pawnbrokers and Second-hand Dealers Regulations 1996 (WA)


Scrap Metal Dealers Act 2013 (UK)

International materials

Council Directive 2015/849 of 20 May 2015 on The Prevention of the Use of the Financial System for the Purposes of Money Laundering or Terrorist Financing [2015] OJ L 141/73

United Nations Convention Against Transnational Organized Crime, opened for signature

12 December 2000, 2225 UNTS 209 (entered into force 29 September 2003)

Quasi-legislative materials

Explanatory Notes to the Scrap Metal Dealers Act 2013 (UK)

Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015

Rules of Racing of Racing Victoria, 1 December 2015

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