Document ID: chunk:federal_register_of_legislation:C2025C00150:section:536d:p1
Version: federal_register_of_legislation:C2025C00150
Segment Type: section
Provision Reference: s 536D (pt 1/2)
Character Range: 1216312–1218997

536D  Giving, receiving or soliciting a corrupting benefit

Giving a corrupting benefit
 (1) A person (the defendant) commits an offence if:
 (a) the defendant 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 defendant does so with the intention of influencing a registered organisations officer or employee (who may be the other person):
 (i) in the performance of his or her duties or functions as such an officer or employee; or
 (ii) in the exercise of his or her powers or performance of his or her functions under this Act or the Registered Organisations Act; or
 (iii) to give an advantage of any kind in connection with the relevant affairs, which would not be legitimately due, to the defendant, a spouse (within the meaning of the Registered Organisations Act) or associated entity of the defendant, or a person who has a prescribed connection with the defendant.
Penalty:
 (a) for an individual—imprisonment for 10 years or 5,000 penalty units, or both; or
 (b) for a body corporate—25,000 penalty units.

Receiving or soliciting a corrupting benefit
 (2) A person (the defendant) commits an offence if:
 (a) the defendant dishonestly:
 (i) requests (whether or not expressly and whether or not by threats); or
 (ii) receives or obtains; or
 (iii) agrees to receive or obtain;
  a benefit from a person (the provider) for the defendant or another person; and
 (b) the defendant does so with the intention that, or the intention that the provider believes that, the receipt, or expectation of the receipt, of the benefit will influence a registered organisations officer or employee (who may be the defendant):
 (i) in the performance of his or her duties or functions as such an officer or employee; or
 (ii) in the exercise of his or her powers or performance of his or her functions under this Act or the Registered Organisations Act; or
 (iii) to give an advantage of any kind in connection with the relevant affairs, which would not be legitimately due, to the provider, a spouse (within the meaning of the Registered Organisations Act) or associated entity of the provider, or a person who has a prescribed connection with the provider.
Penalty:
 (a) for an individual—imprisonment for 10 years or 5,000 penalty units, or both; or
 (b) for a body corporate—25,000 penalty units.

No need for actual influence etc.
 (3) For the purposes of paragraphs (1)(b) and (2)(b):
 (a) the