Document ID: chunk:federal_register_of_legislation:C2025C00060:section:11:p3
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 11 (pt 3/22)
Character Range: 122520–125263

(i) whether to award new business; or
 (ii) whether to continue existing business with a particular person; or
 (iii) the terms of new business or existing business.

Content of records
 (3) A record of particular conduct engaged in by a person complies with this subsection if the record sets out:
 (a) the value of the benefit concerned; and
 (b) the date on which the conduct occurred; and
 (c) the identity of the foreign public official in relation to whom the conduct occurred; and
 (d) if that foreign public official is not the other person mentioned in paragraph 70.2(1)(a)—the identity of that other person; and
 (e) particulars of the routine government action that was sought to be expedited or secured by the conduct; and
 (f) the person's signature or some other means of verifying the person's identity.

70.5  Territorial and nationality requirements
 (1) A person does not commit an offence against section 70.2 unless:
 (a) the conduct constituting the alleged offence occurs:
 (i) wholly or partly in Australia; or
 (ii) wholly or partly on board an Australian aircraft or an Australian ship; or
 (b) the conduct constituting the alleged offence occurs wholly outside Australia and:
 (i) at the time of the alleged offence, the person is an Australian citizen; or
 (ii) at the time of the alleged offence, the person is a resident of Australia; or
 (iii) at the time of the alleged offence, the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.
Note: The expression offence against section 70.2 is given an extended meaning by subsections 11.2(1), 11.2A(1) and 11.6(2).
 (2) Proceedings for an offence against section 70.2 must not be commenced without the Attorney‑General's written consent if:
 (a) the conduct constituting the alleged offence occurs wholly outside Australia; and
 (b) at the time of the alleged offence, the person alleged to have committed the offence is:
 (i) a resident of Australia; and
 (ii) not an Australian citizen.
 (3) However, a person may be arrested for, charged with, or remanded in custody or released on bail in connection with an offence against section 70.2 before the necessary consent has been given.

Subdivision C—Failure to prevent bribery of foreign public officials

70.5A  Failing to prevent bribery of a foreign public official

Offence
 (1) A person (the first person) commits an offence if:
 (a) the first person is a body corporate:
 (i) that is a constitutional corporation; or
 (ii) that is incorporated in a Territory; or
 (iii) that is taken to be registered in a Territory under section 119A of the Corporations Act 2001; and
 (b) an associate of the first person:
 (i) commits an offence against section 70.2; or