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Corruptly Giving a Benefit for Advice to a Third Person

Corruptly Giving a Benefit for Advice to a Third Person is an offence under section 249D(1) of the Crimes Act 1900, which carries a maximum penalty of 7 years in prison.

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

  1. You gave a benefit to another person
  2. You did so to influence that person to give advice to a third person
  3. You stood to benefit from that advice by the third person entering into a contract with you, or by the third person appointing you to any office
  4. You intended at the time you gave the benefit for the third person not to know about the benefit you gave, and
  5. Your conduct was corrupt.

A ‘benefit’ includes money and any contingent benefit.

‘Advice’ includes providing information orally or in writing.

‘Appointing’ includes joining in your appointment to any office as well as voting for, or assisting in, your election or appointment to any office.

The Act does not define ‘corrupt’ but the courts have found that it means ‘deliberate or intentional wrongdoing’ not merely negligence or a mistake.

The fact that your conduct was customary in your trade, business, profession or calling is not a defence to the charge.

Duress is a defence to the charge.

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