crimes-legislation-amendment-combatting-foreign-bribery-act-2024.pdf, p.8
1 Before section 70.1 of the Criminal Code
crimes-legislation-amendment-combatting-foreign-bribery-act-2024.pdf, p.16
10 Application of amendments
crimes-legislation-amendment-combatting-foreign-bribery-act-2024.pdf, p.17
Repeal of subsection and substitution with new provision regarding bribes to foreign public officials.
11 Subsection 26-52(2)
Prohibition of bribing foreign public officials.
Substitute 'business or personal advantage' for 'business advantage'
12 Subsection 26-52(2A)
Disregard certain factors when determining improper influence.
13 Subsections 26-52(6) and (7)
The temporal interval is not specified in the subsections.
Temporal interval for improper influence determination.
Improper influence is determined within a specific temporal interval.
The cognitive process is not specified in the subsections.
Application of cognitive AI to improper influence determination.
Improper influence determination involves a specific cognitive process.
Disregard such factors when determining improper influence.
Exclusion of customary, necessary, or required benefits.
Benefit may be, or be perceived to be, customary, necessary, or required in the situation.
The diffusion pattern is not specified in the subsections.
Diffusion of improper influence determination.
Improper influence determination involves a specific diffusion pattern.
The sequence of events is not specified in the subsections.
Application of linear temporal logic to improper influence determination.
Improper influence determination involves a specific sequence of events.
crimes-legislation-amendment-combatting-foreign-bribery-act-2024.pdf, p.18
Amendments apply to losses incurred after Part 1 commencement
14 Application of amendments
2 Section 70.1 of the Criminal Code
Repeal definitions of benefit and business advantage
3 Section 70.1 of the Criminal Code (definitions of benefit and
Defines foreign public official for bribery purposes
4 Section 70.1 of the Criminal Code (at the end of the
crimes-legislation-amendment-combatting-foreign-bribery-act-2024.pdf, p.9
Bribery of foreign public officials is prohibited.
5 After section 70.1 of the Criminal Code
Prohibits bribery of foreign public officials.
Repeal section and substitute with new provision
6 Section 70.2 of the Criminal Code
crimes-legislation-amendment-combatting-foreign-bribery-act-2024.pdf, p.12
A person does not commit an offence if their conduct occurred in relation to a foreign public official and meets certain conditions.
7 After subsection 70.3(2) of the Criminal Code
The provision permits the provision of a benefit to a foreign public official.
70 Section 70
crimes-legislation-amendment-combatting-foreign-bribery-act-2024.pdf, p.10
Matters that must be disregarded in determining whether influence is improper.
70(1) Section 70
70(2) Section 70
(a) the fact that the benefit, or the offer or promise to provide the benefit, may be, or be perceived to be, customary, necessary or required in the situation;
(b) any official tolerance of the benefit;
Exclude insignificant business or personal advantages.
(i) if the value of the business or advantage is insignificant—that fact;
Exclude official tolerance of business or personal advantages.
(ii) in the case of an advantage—any official tolerance of the advantage;
(iii) in the case of an advantage—the fact that the advantage may be customary, or perceived to be customary, in the situation.
Guidelines for determining improper influence in court proceedings.
70(3) Section 70
...the offer or promise to provide the benefit was made.
The provision of benefits must occur during the court proceedings.
If a benefit is provided, then it must be done before the trial.
Improper influence may lead to biased decisions.
If a trier of fact has regard for certain factors, then...
...the record or documentation is machine-readable.
The provision of benefits must be recorded or documented in a way that can be understood by machines.
...it is not in the best interests of justice.
...the record or documentation is accurate and consistent.
The provision of benefits must be consistent with the ordinary practices of the person who made the record or documentation.
crimes-legislation-amendment-combatting-foreign-bribery-act-2024.pdf, p.13
Committing an offence if a body corporate or its associate engages in conduct for profit or gain.
the associate's conduct overlaps with the notional offence
Associate's conduct overlaps with notional offence against section 70.2
(ii) engages in conduct outside Australia that, if engaged in in Australia, would constitute an offence...
(a) the first person is a body corporate...
Associate commits an offence against section 70.2 if engaging in conduct for profit or gain
(ii) commits an offence against section 70.2
Associate's conduct for profit or gain is prohibited if not engaging in conduct that would constitute an offence against section 70.2
(ii) engages in conduct outside Australia that, if engaged in in Australia, would constitute an offence (the notional offence) against section 70.2
the associate does not commit an offence
Associate does not commit an offence if engaging in conduct for profit or gain that would not constitute an offence against section 70.2
Absolute liability applies to certain circumstances.
(a) paragraphs (1)(a) and (c); and (b) the circumstance in subparagraph (1)(b)(i) that the associate commits an offence against section 70.2; and (c) the circumstance in subparagraph (1)(b)(ii) that the associate engages in conduct outside Australia that, if engaged in in Australia, would constitute the notional offence.
Between certain circumstances and the notional offence
(2) Absolute liability applies to: (a) paragraphs (1)(a) and (c); and (b) the circumstance in subparagraph (1)(b)(i) that the associate commits an offence against section 70.2; and (c) the circumstance in subparagraph (1)(b)(ii) that the associate engages in conduct outside Australia that, if engaged in in Australia, would constitute the notional offence.
Conviction of first person for offence against subsection (1) possible due to commission by associate
crimes-legislation-amendment-combatting-foreign-bribery-act-2024.pdf, p.15
Minister must publish guidance on preventing associate bribery.
Guidance under subsection (1) is not a legislative instrument.
Annual turnover calculation for corporate bodies
Same meaning as in A New Tax System Act 1999
Definition applies to all bodies corporate
Providing a benefit to another person with the intention of improperly influencing a foreign public official is prohibited.
The person provides a benefit to another person with the intention of improperly influencing a foreign public official.
Prohibits the action of causing a benefit to be provided to another person with the intention of improperly influencing a foreign public official.
The person causes a benefit to be provided to another person with the intention of improperly influencing a foreign public official.
Prohibits the action of offering to provide, or promising to provide, a benefit to another person with the intention of improperly influencing a foreign public official.
The person offers to provide, or promises to provide, a benefit to another person with the intention of improperly influencing a foreign public official.
Prohibits the action of causing an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person with the intention of improperly influencing a foreign public official.
The first-mentioned person causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person with the intention of improperly influencing a foreign public official.
Prohibits the action of obtaining or retaining business or a business or personal advantage with the intention of improperly influencing a foreign public official.
The person does so with the intention of improperly influencing a foreign public official (who may be the other person) in order to obtain or retain business or a business or personal advantage (whether or not for the first-mentioned person).
No intention to influence or obtain business/personal advantage is required.
Failure to prevent bribery of foreign public officials is prohibited.
8 After section 70.5 of the Criminal Code
Prohibits failure to prevent bribery of foreign public officials.
9 Before section 70.6 of the Criminal Code
crimes-legislation-amendment-combatting-foreign-bribery-act-2024.pdf, p.5
1 Short title
crimes-legislation-amendment-combatting-foreign-bribery-act-2024.pdf, p.6
Table of sections and commencement provision
1 Section 1
The period of 6 months begins on the day the Act receives Royal Assent.
1 October to occur after the end of the
Note on table limitations and amendments
1 October 2024
The Act is the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024.
2 Commencement
2 Section 2
3 Section 3
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
crimes-legislation-amendment-combatting-foreign-bribery-act-2024.pdf, p.7
4 Review of operation of amendments
Review of operation of amendments after 18 months
4(1) Review of operation of amendments
Minister must receive written report from persons conducting review.
4(2) Review of operation of amendments
Minister must table report of review within 15 sitting days.
4(3) Review of operation of amendments
8 March 2024
8 September
An Act to amend the law in relation to foreign bribery, and for related purposes
Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024