Mr McClelland asked the Minister representing the Minister for Justice and Customs, upon notice, on 1 December 2003:

(1) Does the Australian Federal Police have responsibility for the investigation of fraud committed by entities incorporated under the Corporations Act 2001?

(2) Is this an exclusive jurisdiction, or do State and Territory police forces also have jurisdiction for the investigation of fraud committed by these bodies?

(3) For each of the years between 1995 and 2003, how many convictions have there been for corporate fraud under Commonwealth legislation?

(4) Have resources, man power, or the level of experienced investigators allocated to the investigation of corporate fraud been reduced at any time since 1996?

(5) How does the Minister measure the allocation of resources within the Australian Federal Police for this purpose?

Mr Ruddock (Attorney-General) —The Minister representing the Minister for Justice and Customs has provided the following answer to the honourable member's question:

(1) Yes, the AFP has primary responsibility for the investigation of fraud committed by entities incorporated under the Corporations Act 2001, when such frauds constitute offences against Commonwealth legislation.

(2) This is not an exclusive jurisdiction. State and Territory police forces have jurisdiction to investigate fraud committed by these bodies where the offences are against State or Territory legislation.

Other Commonwealth agencies also have the authority and capacity to investigate fraud committed by entities incorporated under the Corporations Act 2001, in accordance with the Commonwealth Fraud Control Guidelines.

(3) The AFP is not in a position to answer this question. It should be referred to the Commonwealth Director of Public Prosecutions for advice.

(4) The AFP does not have a specific team dedicated to the investigation of corporate fraud. Instead, a team will be formed to respond whenever a fraud referral is accepted by the AFP, with its skill levels matched to the specific requirements of the case. The level of resources allocated to the investigation of crimes of this type therefore fluctuates depending upon the complexity and priority of investigations on hand from time to time.

(5) Under the provisions of the Australian Federal Police Act 1979, the Commissioner of the AFP is responsible for the general administration of and the control of the operation of the AFP, and as such the allocation of resources is a matter for the Commissioner of the AFP. Consistent with other Commonwealth agencies, the AFP must account to Government on the funds appropriated to it and the outcomes and outputs achieved with this appropriation. The AFP reports to Government, through the Minister, on its performance by way of the AFP's annual report.