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Legislation in schedules is amended or repealed according to its terms.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