Document ID: chunk:federal_register_of_legislation:C2024A00005:clause:1_7
Version: federal_register_of_legislation:C2024A00005
Segment Type: clause
Provision Reference: sch 1 cl 7
Character Range: 10091–11231

7  After subsection 70.3(2) of the Criminal Code
Insert:
 (2A) A person does not commit an offence against section 70.2 if:
 (a) the person's conduct occurred in relation to a foreign public official (the relevant foreign public official); and
 (b) the relevant foreign public official is covered by paragraph (m) of the definition of foreign public official in section 70.1 because the relevant foreign public official is a candidate to be a particular foreign public official (the substantive foreign public official); and
 (c) assuming that the first‑mentioned person's conduct had occurred wholly in the place, the foreign country or the part of the foreign country, as the case may be, (the relevant place) referred to in the item of the table in subsection (1) that would be applicable if the first‑mentioned person's conduct had occurred in relation to the substantive foreign public official, a written law in force in the relevant place permits the provision of the benefit to the relevant foreign public official.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2A). See subsection 13.3(3).