Document ID: chunk:federal_register_of_legislation:C2025C00060:section:5:p31
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 5 (pt 31/31)
Character Range: 111649–113963

of any consideration provided or purported to have been provided for the benefit;
 (e) if the benefit was provided, or the offer or promise to provide the benefit was made, in the absence of any legal obligation to do so—that fact;
 (f) whether the benefit was provided, or the offer or promise to provide the benefit was made, dishonestly;
 (g) whether, and to what extent, the provision of the benefit, or the offer or promise to provide the benefit, is recorded or documented;
 (h) if the provision of the benefit, or the offer or promise to provide the benefit, is recorded or documented:
 (i) the accuracy of the record or documentation; and
 (ii) whether the record or documentation is consistent with the ordinary practices of the person who made the record or documentation;
 (i) whether there is evidence that due diligence was exercised by the first‑mentioned person in section 70.2 in relation to the benefit, or the offer or promise to provide the benefit;
 (j) whether any of the following conduct is contrary to a written law in force in the place where that conduct occurs:
 (i) the provision of the benefit, or the offer or promise to provide the benefit;
 (ii) the acceptance of the benefit;
 (iii) any conduct directly connected with conduct referred to in subparagraph (i) or (ii);
 (k) if particular business or a particular business or personal advantage is relevant to proving the matters referred to in that paragraph—the following:
 (i) whether the business or advantage was awarded on a competitive or non‑commercial basis;
 (ii) whether there is any demonstrable conflict of interest in the provision of the business or advantage.
 (4) To avoid doubt, subsection (3) does not limit the matters to which the trier of fact may have regard.

70.3  Defence—conduct lawful in foreign public official's country
 (1) A person does not commit an offence against section 70.2 in the cases set out in the following table:

Defence of lawful conduct
Item                       In a case where the person's conduct occurred in relation to this kind of foreign public official...                                                                       and if it were assumed that the person's conduct had occurred wholly...           this written law requires or permits the provision of the benefit ...