Document ID: chunk:federal_register_of_legislation:C2024A00005:clause:1_6:p1
Version: federal_register_of_legislation:C2024A00005
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 1/3)
Character Range: 4622–7321

6  Section 70.2 of the Criminal Code
Repeal the section, substitute:

70.2  Bribing a foreign public official
 (1) A person commits an offence if:
 (a) the person:
 (i) provides a benefit to another person; or
 (ii) causes a benefit to be provided to another person; or
 (iii) offers to provide, or promises to provide, a benefit to another person; or
 (iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and
 (b) the first‑mentioned 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).
Note: See also section 70.2A. For defences, see sections 70.3 and 70.4.
 (2) For the purposes of paragraph (1)(b):
 (a) the first‑mentioned person does not need to intend to influence a particular foreign public official; and
 (b) the first‑mentioned person does not need to intend to obtain or retain particular business or a particular business or personal advantage; and
 (c) business, or a business or personal advantage, does not need to be actually obtained or retained.

Penalty for individual
 (3) An offence against subsection (1) committed by an individual is punishable on conviction by imprisonment for not more than 10 years, a fine not more than 10,000 penalty units, or both.

Penalty for body corporate
 (4) An offence against subsection (1) committed by a body corporate is punishable on conviction by a fine not more than the greatest of the following:
 (a) 100,000 penalty units;
 (b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the conduct constituting the offence—3 times the value of that benefit;
 (c) if the court cannot determine the value of that benefit—10% of the annual turnover of the body corporate during the period (the turnover period) of 12 months ending at the end of the month in which the body corporate committed, or began committing, the offence.

70.2A  Improper influence

Determination to be a matter for the trier of fact
 (1) In a prosecution for an offence against section 70.2, the determination of whether influence is improper is a matter for the trier of fact.

Matters that must be disregarded
 (2) In determining whether influence is improper for the purposes of paragraph 70.2(1)(b), a trier of fact must disregard the following:
 (a) the fact that the benefit, or the offer or promise to provide the benefit, may be, or be perceived to