Commentary

70.4 Offences related to being bribed-—passive bribery

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

70.4 Offences related to being bribed-—passive bribery

| Commentary

70.4 Offences related to being bribed-—passive bribery

A person (R) commits the offence of passive bribery when R requests, agrees to receive, or accepts a financial or other advantage in one of the following circumstances:

  1. (a)

        R has the intention that, as a consequence, R (or someone else) will perform a relevant function or activity improperly1;

  2. (b)

        the request, agreement or acceptance itself amounts to an improper performance by the receiver of a relevant function or activity2;

  3. (c)

        the request, agreement or acceptance is a reward for the improper performance of a relevant function or activity (whether the performance is

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