Crimes Amendment Act 2015

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6 Section 105C amended (Bribery of foreign public official)

(1)

In section 105C(1), insert in their appropriate alphabetical order:

business includes the provision of international aid

employee, in relation to a body corporate or corporation sole, means an individual who is an employee, agent, director, or officer of that body corporate or corporation sole

(2)

In section 105C(1), definition of routine government action, paragraph (b), after “official”, insert “; or”.

(3)

In section 105C(1), definition of routine government action, after paragraph (b), insert:

(c)

any action that provides—

(i)

an undue material benefit to a person who makes a payment; or

(ii)

an undue material disadvantage to any other person.

(4)

In section 105C(2), replace “Every one is liable to imprisonment for a term not exceeding 7 years” with “Every person commits an offence”.

(5)

After section 105C(2), insert:

(2A)

A body corporate or corporation sole commits an offence against subsection (2) if—

(a)

an employee of the body corporate or corporation sole does an act that would constitute an offence under subsection (2); and

(b)

the employee does the act, in whole or in part, with the intent to benefit the body corporate or corporation sole; and

(c)

the employee, in doing the act, is acting within the scope of their authority as an employee of the body corporate or corporation sole.

(2B)

A body corporate or corporation sole does not commit an offence under subsection (2) if it has taken reasonable steps to prevent the offence.

(2C)

If a body corporate or corporation sole is charged with an offence under subsection (2), it is to be presumed, unless the body corporate or corporation sole puts the matter at issue, that it did not take reasonable steps.

(2D)

Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 7 years, or a fine, or both.

(2E)

A fine imposed under subsection (2D) cannot exceed the greater of—

(a)

$5 million; or

(b)

if a court is satisfied that an offence occurred in the course of producing a commercial gain, and if the value of that commercial gain can be readily ascertained, 3 times the value of that commercial gain.

(6)

Replace section 105C(4) with:

(4)

Subsections (2A), (2B), and (2C)—

(a)

apply only in respect of offences under subsection (2) and section 105D; and

(b)

do not preclude the liability of a body corporate or corporation sole under any other provision of this Act.