Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p24
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 24/39)
Character Range: 87709–90488

the official's duties as a Commonwealth public official will be influenced.

Penalty: Imprisonment for 10 years.

Geographical jurisdiction

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

Division 142—Offences relating to bribery

142.1  Corrupting benefits given to, or received by, a Commonwealth public official

Giving a corrupting benefit

 (1) A person is guilty of 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 receipt, or expectation of the receipt, of the benefit would tend to influence 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.

Penalty: Imprisonment for 5 years.

 (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 corrupting benefit

 (3) A Commonwealth public official is guilty of 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 receipt, or expectation of the receipt, of the benefit would tend to influence a Commonwealth public official (who may be the first‑mentioned official) in the exercise of the official's duties as a Commonwealth public official.

Penalty: Imprisonment for 5 years.

Benefit in the nature of a reward

 (4) For the purposes of subsections (1) and (3), it is immaterial whether the benefit is in the nature of a reward.

142.2  Abuse of public office

 (1) A Commonwealth public official is guilty of an offence if:
 (a) the official:
 (i) exercises any influence that the official has in the official's capacity as a Commonwealth public official; or
 (ii) engages in any conduct in the exercise of the official's duties as a Commonwealth public official; or
 (iii) uses any information that the official has obtained in the official's capacity as a Commonwealth public official; and
 (b) the official does so with the intention of:
 (i) dishonestly obtaining a benefit for himself or