Section 249D Crimes Act | Corrupt Inducements for Advice


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The Legislation

Section 249D of the Crimes Act is the offence of Corrupt Inducements for Advice and is extracted below.

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249D Corrupt inducements for advice

(1) If a person corruptly gives a benefit to another person for giving advice to a third person, being advice which the person giving the benefit intends will influence the third person:
(a) to enter into a contract with the person who gives the benefit, or
(b) to appoint the person who gives the benefit to any office,
and, at the time the benefit is given, the person who gives the benefit intends the giving of the benefit not be made known to the person advised, the person who gives the benefit is liable to imprisonment for 7 years.

(2) If a person corruptly receives a benefit for giving advice to another person, being advice which is likely to influence the other person:
(a) to enter into a contract with the person who gave the benefit, or
(b) to appoint the person who gave the benefit to any office,
and, at the time the benefit is received, the person who receives the benefit intends the giving of the benefit not be made known to the person to be advised, the person who receives the benefit is liable to imprisonment for 7 years.

(3) For the purposes of subsections (1) and (2), where a benefit is given or received by anyone with the consent or at the request of another person, the other person shall be deemed to have given or received the benefit.

(4) If any person corruptly offers or solicits a benefit for the giving of advice by one person to another:
(a) intending that the advice will influence the person advised:
(i) to enter into a contract with anyone, or
(ii) to appoint anyone to any office, and
(b) intending that the giving or receipt of the benefit not be made known to the person advised,
the firstmentioned person is liable to imprisonment for 7 years.

(5) In this section:
(a) a reference to the giving of advice includes a reference to the providing of information orally or in writing,
(b) a reference to entering into a contract includes a reference to offering to enter into a contract, and
(c) a reference to the appointment of a person includes a reference to:
(i) joining in the appointment of the person, and
(ii) voting for or assisting in the election or appointment of the person.