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Section 70.2 Criminal Code Act 1995
Bribing a Foreign Public Official

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Bribing a foreign public official is an offence under section 70.2 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 10 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You provided a benefit to another person, or you caused a benefit to be provided to another person, or you offered or promised to provide a benefit to another person, or you caused an offer or promise of a benefit to be provided to another person
  2. The benefit was not legitimately due to the other person, and
  3. You did so intending to influence a foreign public official in the exercise of his or her duties as a foreign public official, in order to:
  • Obtain or retain business, or
  • Obtain or retain a business advantage that is not legitimately due

A ‘foreign public official’ is defined as:

  1. an employee or official of a foreign government body
  2. A person who performs contractual work for a foreign government body
  3. A person who holds or performs duties of an appointment, office or position under a law of a foreign country or part thereof
  4. A person who holds or performs the duties of an appointment, office or position created by custom or convention of a foreign country or part thereof
  5. A person who otherwise serves a foreign government body
  6. A member of the executive, judiciary or magistracy of a foreign country
  7. An employee of a public international organisation
  8. A person who performs contractual work for a public international organisation
  9. A person who holds or performs the duties of an office or position in a public international organisation
  10. A person who otherwise serves a public international organisation
  11. A member or officer of the legislature of a foreign country, or
  12. A person who:
  • Is an authorised intermediary of a foreign public official, or
  • Holds himself or herself out to be the authorised intermediary of a foreign public official

The prosecution does not need to prove that:

  1. It was your intention to influence a particular foreign public official, or
  2. An advantage was actually obtained or retained.

The following matters are irrelevant to any determination of whether a benefit or advantage was legitimately due:

  1. That the benefit was customary, or perceived as customary, to the particular situation
  2. That the benefit was minor, and
  3. That there was official tolerance of the benefit.

You are not guilty of the offence if:

  1. You held a position with a foreign government, agency or body
  2. Your conduct occurred in that foreign country, and
  3. Your conduct was lawful in that country.

You are also not guilty if:

  1. The value of the benefit was minor
  2. Your conduct was for the sole purpose of expediting or securing the performance of a routine government action of a minor nature
  3. You made a record of your conduct as soon as practicable after it occurred, and
  4. You retained a copy of that record, or the record was destroyed through actions that were out of your control, or the prosecution was instituted more than 7 years after the conduct occurred.

Duress is also a defence to the charge.

If you are going to court for Bribing a Foreign Public Official, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.

Read on for more information.

The Legislation

70.2  Bribing a foreign public official

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

(a)  the person:

(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 benefit is not legitimately due to the other person; and

(c)  the first-mentioned person does so with the intention of influencing a foreign public official (who may be the other person) in the exercise of the official’s duties as a foreign public official in order to:

(i)  obtain or retain business; or

(ii)  obtain or retain a business advantage that is not legitimately due to the recipient, or intended recipient, of the business advantage (who may be the first-mentioned person).

Note:          For defences see sections 70.3 and 70.4.

(1A)  In a prosecution for an offence under subsection (1), it is not necessary to prove that business, or a business advantage, was actually obtained or retained.

Benefit that is not legitimately due

(2)  For the purposes of this section, in working out if a benefit is not legitimately due to a person in a particular situation, disregard the following:

(a)  the fact that the benefit may be, or be perceived to be, customary, necessary or required in the situation;

(b)  the value of the benefit;

(c)  any official tolerance of the benefit.

Business advantage that is not legitimately due

(3)  For the purposes of this section, in working out if a business advantage is not legitimately due to a person in a particular situation, disregard the following:

(a)  the fact that the business advantage may be customary, or perceived to be customary, in the situation;

(b)  the value of the business advantage;

(c)  any official tolerance of the business advantage.

Penalty for individual

(4)  An offence against subsection (1) 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

(5)  An offence against subsection (1) 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.

(6)  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.

(7)  Expressions used in subsection (6) 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.

(8)  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.

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

    Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.

    Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.

    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

    We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

    We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

    The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.

  4. Fixed Fees

    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

    We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

    Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

    We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

  6. Specialist Lawyer Guarantee

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

    This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.

  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

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    Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.

  9. Results-Focused Law Firm

    Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

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  10. Team of Lawyers Behind You

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  11. Familiar with Magistrates and Judges

    Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.

    Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.

  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

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