Document ID: chunk:federal_register_of_legislation:C2025C00060:section:5:p30
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 5 (pt 30/31)
Character Range: 109170–111874

Penalty for individual
 (3) An offence against subsection (1) committed by an individual is punishable on conviction by imprisonment for not more than 10 years, a fine not more than 10,000 penalty units, or both.

Penalty for body corporate
 (4) An offence against subsection (1) committed by a body corporate is punishable on conviction by a fine not more than the greatest of the following:
 (a) 100,000 penalty units;
 (b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the conduct constituting the offence—3 times the value of that benefit;
 (c) if the court cannot determine the value of that benefit—10% of the annual turnover of the body corporate during the period (the turnover period) of 12 months ending at the end of the month in which the body corporate committed, or began committing, the offence.

70.2A  Improper influence

Determination to be a matter for the trier of fact
 (1) In a prosecution for an offence against section 70.2, the determination of whether influence is improper is a matter for the trier of fact.

Matters that must be disregarded
 (2) In determining whether influence is improper for the purposes of paragraph 70.2(1)(b), a trier of fact must disregard the following:
 (a) the fact that the benefit, or the offer or promise to provide the benefit, may be, or be perceived to be, customary, necessary or required in the situation;
 (b) any official tolerance of the benefit;
 (c) if particular business or a particular business or personal advantage is relevant to proving the matters referred to in that paragraph—the following:
 (i) if the value of the business or advantage is insignificant—that fact;
 (ii) in the case of an advantage—any official tolerance of the advantage;
 (iii) in the case of an advantage—the fact that the advantage may be customary, or perceived to be customary, in the situation.

Matters to which regard may be had
 (3) In determining whether influence is improper for the purposes of paragraph 70.2(1)(b), a trier of fact may have regard to the following:
 (a) the recipient or intended recipient of the benefit;
 (b) the nature of the benefit;
 (c) the manner of the provision of the benefit (or, if applicable, the offered or promised manner of the provision of the benefit);
 (d) whether the value of the benefit is disproportionate to the value 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