Document ID: chunk:federal_register_of_legislation:C2025C00060:section:11:p1
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 11 (pt 1/22)
Character Range: 117335–120200

11                         a member or officer of the legislature of a foreign country or of part of a foreign country                                                                                in the foreign country or in the part of the foreign country, as the case may be  a written law in force in the foreign country or in the part of the foreign country, as the case may be

Note: A defendant bears an evidential burden in relation to the matter in subsection (1). See subsection 13.3(3).
 (2) 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 covered by paragraph (l) of the definition of foreign public official in section 70.1 (which deals with intermediaries of foreign public officials covered by other paragraphs of that definition); and
 (b) assuming that the first‑mentioned person's conduct had occurred instead in relation to:
 (i) the other foreign public official of whom the first‑mentioned foreign public official was an authorised intermediary; or
 (ii) the other foreign public official in relation to whom the first‑mentioned foreign public official held himself or herself out to be an authorised intermediary;
  subsection (1) would have applied in relation to the first‑mentioned person.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).
 (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).
 (3) To avoid doubt, if:
 (a) a person's conduct occurred in relation to a foreign public official covered by 2 or more 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