Anti-corruption regulation—Australia—Q&A guide

The following Corporate Crime practice note provides comprehensive and up to date legal information covering:

  • Anti-corruption regulation—Australia—Q&A guide
  • 1. To which international anti-corruption conventions is your country a signatory?
  • 2. Identify and describe your national laws and regulations prohibiting bribery of foreign public officials (foreign bribery laws) and domestic public officials (domestic bribery laws).
  • 3. Can a successor entity be held liable for violations of foreign and domestic bribery laws by the target entity that occurred prior to the merger or acquisition?
  • 4. Is there civil and criminal enforcement of your country’s foreign and domestic bribery laws?
  • 5. Can enforcement matters involving foreign or domestic bribery be resolved through plea agreements, settlement agreements, prosecutorial discretion or similar means without a trial? Is there a mechanism for companies to disclose violations of domestic and foreign bribery laws in exchange for lesser penalties?
  • 6. Describe the elements of the law prohibiting bribery of a foreign public official.
  • 7. How does your law define a foreign public official, and does that definition include employees of state-owned or state-controlled companies?
  • 8. To what extent do your anti-bribery laws restrict providing foreign officials with gifts, travel expenses, meals or entertainment?
  • 9. Do the laws and regulations permit facilitating or ‘grease’ payments to foreign officials?
  • More...

Anti-corruption regulation—Australia—Q&A guide

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: November 2020).

Authors: Holding Redlich—Howard Rapke; Alana Giles; Katerina Stevenson; Gemma Hannah; Mollie Coffey; Tess Simpson

1. To which international anti-corruption conventions is your country a signatory?

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.

2. Identify and describe your national laws and regulations prohibiting bribery of foreign public officials (foreign bribery laws) and domestic public officials (domestic bribery laws).

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.

DomesticEach Australian state

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