The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
This Practice Note contains a jurisdiction-specific Q&A guide to anti-corruption regulation in Australia published as part of the Lexology Getting the Deal Through series by Law Business Research (published: December 2021).
Authors: Holding Redlich—Howard Rapke; Alana Giles; Katerina Stevenson; Gemma Hannah; Mollie Coffey; Tess Simpson
Australia is a signatory to the Organisation for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. It is also a signatory to the United Nations Convention against Corruption 2003.
Section 141.1(1) of the Criminal Code Act 1995 (Cth) (Criminal Code) provides that it is an offence for a person to dishonestly provide, offer or cause a benefit to another person if done with the intention of influencing an Australian commonwealth public official. If a commonwealth official requests, receives or agrees to obtain a benefit with the intention of having his or her duties influenced, he or she will be criminally liable under section 141.1(3).
Section 141.1 also has an extraterritorial effect. An individual or corporation will be liable even if the conduct constituting an offence did not occur in Australia if it involved an Australian public official.
Each Australian state
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Form of transfer of sharesThere are a number of circumstances in which shares in a company may be transferred, eg upon a sale of the shares, through the transmission of the shares by operation of law (eg upon the death or bankruptcy of a shareholder), by gift or upon the enforcement of a charge. For
Insurable interestThis Practice Note considers insurable interest, including insurable interest in construction and liability insurance. It also considers insurable interest in subrogation, co-insurance and double insurance and the Insurable Interest Bill.What is insurable interest?‘Insurable
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary
Arms length management organisations (ALMOs)An arms length management organisation (ALMO) is a not-for-profit company that provides housing services on behalf of a local housing authority (LHA). Usually an ALMO is set up by the LHA to manage and improve all or part of its housing stock with the LHA
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