Document ID: chunk:federal_register_of_legislation:C2025C00060:section:11:p2
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 11 (pt 2/22)
Character Range: 119956–122757

paragraphs of the definition of foreign public official in section 70.1; and
 (b) at least one of the corresponding items in subsection (1) is applicable to the conduct of the first‑mentioned person;
subsection (1) applies to the conduct of the first‑mentioned person.

70.4  Defence—facilitation payments
 (1) A person does not commit an offence against section 70.2 if:
 (a) the value of the benefit was of a minor nature; and
 (b) the person's conduct was engaged in for the sole or dominant purpose of expediting or securing the performance of a routine government action of a minor nature; and
 (c) as soon as practicable after the conduct occurred, the person made a record of the conduct that complies with subsection (3); and
 (d) any of the following subparagraphs applies:
 (i) the person has retained that record at all relevant times;
 (ii) that record has been lost or destroyed because of the actions of another person over whom the first‑mentioned person had no control, or because of a non‑human act or event over which the first‑mentioned person had no control, and the first‑mentioned person could not reasonably be expected to have guarded against the bringing about of that loss or that destruction;
 (iii) a prosecution for the offence is instituted more than 7 years after the conduct occurred.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1). See subsection 13.3(3).

Routine government action
 (2) For the purposes of this section, a routine government action is an action of a foreign public official that:
 (a) is ordinarily and commonly performed by the official; and
 (b) is covered by any of the following subparagraphs:
 (i) granting a permit, licence or other official document that qualifies a person to do business in a foreign country or in a part of a foreign country;
 (ii) processing government papers such as a visa or work permit;
 (iii) providing police protection or mail collection or delivery;
 (iv) scheduling inspections associated with contract performance or related to the transit of goods;
 (v) providing telecommunications services, power or water;
 (vi) loading and unloading cargo;
 (vii) protecting perishable products, or commodities, from deterioration;
 (viii) any other action of a similar nature; and
 (c) does not involve a decision about:
 (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; and
 (d) does not involve encouraging a decision about:
 (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