Section 141.1 Criminal Code Act | Bribery of Commonwealth Public Official


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The Legislation

Section 141.1 of the Criminal Code Act 1995 (Cth) is Bribery of Commonwealth Public Official and is extracted below.

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141.1  Bribery of a Commonwealth public official

Giving a bribe

(1)  A person is guilty of an offence if:

(a)  the person dishonestly:

(i)  provides a benefit to another person; or

(ii)  causes a benefit to be provided to another person; or

(iii)  offers to provide, or promises to provide, a benefit to another person; or

(iv)  causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and

(b)  the person does so with the intention of influencing a public official (who may be the other person) in the exercise of the official’s duties as a public official; and

(c)  the public official is a Commonwealth public official; and

(d)  the duties are duties as a Commonwealth public official.

(2)  In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:

(a)  that the official was a Commonwealth public official; or

(b)  that the duties were duties as a Commonwealth public official.

Receiving a bribe

(3)  A Commonwealth public official is guilty of an offence if:

(a)  the official dishonestly:

(i)  asks for a benefit for himself, herself or another person; or

(ii)  receives or obtains a benefit for himself, herself or another person; or

(iii)  agrees to receive or obtain a benefit for himself, herself or another person; and

(b)  the official does so with the intention:

(i)  that the exercise of the official’s duties as a Commonwealth public official will be influenced; or

(ii)  of inducing, fostering or sustaining a belief that the exercise of the official’s duties as a Commonwealth public official will be influenced.

Geographical jurisdiction

(4)  Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1) or (3).

Penalty for individual

(5)  An offence against subsection (1) or (3) committed by an individual is punishable on conviction by imprisonment for not more than 10 years, a fine not more than 10,000 penalty units, or both.

Penalty for body corporate

(6)  An offence against subsection (1) or (3) committed by a body corporate is punishable on conviction by a fine not more than the greatest of the following:

(a)  100,000 penalty units;

(b)  if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the conduct constituting the offence—3 times the value of that benefit;

(c)  if the court cannot determine the value of that benefit—10% of the annual turnover of the body corporate during the period (the turnover period) of 12 months ending at the end of the month in which the conduct constituting the offence occurred.

(7)  For the purposes of this section, the annual turnover of a body corporate, during the turnover period, is the sum of the values of all the supplies that the body corporate, and any body corporate related to the body corporate, have made, or are likely to make, during that period, other than the following supplies:

(a)  supplies made from any of those bodies corporate to any other of those bodies corporate;

(b)  supplies that are input taxed;

(c)  supplies that are not for consideration (and are not taxable supplies under section 72-5 of the A New Tax System (Goods and Services Tax) Act 1999);

(d)  supplies that are not made in connection with an enterprise that the body corporate carries on.

(8)  Expressions used in subsection (7) that are also used in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning in that subsection as they have in that Act.

(9)  The question whether 2 bodies corporate are related to each other is to be determined for the purposes of this section in the same way as for the purposes of the Corporations Act 2001.