Section 142.1 Criminal Code Act | Corrupt Benefits by or to Commonwealth Public Official


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The Legislation

Section 142.1 of the Criminal Code Act 1995 (Cth) is Corrupt Benefits by or to Commonwealth Public Official and is extracted below. If you require

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142.1  Corrupting benefits given to, or received by, a Commonwealth public official Giving a corrupting benefit

(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 receipt, or expectation of the receipt, of the benefit would tend to influence 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.

Penalty:  Imprisonment for 5 years.

(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 corrupting benefit

(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 receipt, or expectation of the receipt, of the benefit would tend to influence a Commonwealth public official (who may be the first-mentioned official) in the exercise of the official’s duties as a Commonwealth public official.

Penalty:  Imprisonment for 5 years. Benefit in the nature of a reward

(4)  For the purposes of subsections (1) and (3), it is immaterial whether the benefit is in the nature of a reward.