Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p182
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 182/268)
Character Range: 826285–829000

Obtaining
 (1) For the purposes of this Part, a person is taken to have obtained a benefit for another person if the first‑mentioned person induces a third person to do something that results in the other person obtaining the benefit.
 (2) The definition of obtaining in section 130.1 does not apply to this Part.

Division 141—Bribery

141.1  Bribery of a Commonwealth public official

Giving a bribe
 (1) A person commits an offence if:
 (a) the person dishonestly:
 (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 person does so with the intention of influencing a public official (who may be the other person) in the exercise of the official's duties as a public official; and
 (c) the public official is a Commonwealth public official; and
 (d) the duties are duties as a Commonwealth public official.
 (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:
 (a) that the official was a Commonwealth public official; or
 (b) that the duties were duties as a Commonwealth public official.

Receiving a bribe
 (3) A Commonwealth public official commits an offence if:
 (a) the official dishonestly:
 (i) asks for a benefit for himself, herself or another person; or
 (ii) receives or obtains a benefit for himself, herself or another person; or
 (iii) agrees to receive or obtain a benefit for himself, herself or another person; and
 (b) the official does so with the intention:
 (i) that the exercise of the official's duties as a Commonwealth public official will be influenced; or
 (ii) of inducing, fostering or sustaining a belief that the exercise of the official's duties as a Commonwealth public official will be influenced.

Geographical jurisdiction
 (4) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1) or (3).

Penalty for individual
 (5) An offence against subsection (1) or (3) 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
 (6) An offence against subsection (1) or (3) 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