Corruptly Giving or Offering a Benefit to an Agent is an offence under section 249B(2) 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:
Alternatively, the prosecution must prove beyond reasonable doubt that:
An ‘agent’ includes:
A ‘benefit’ includes money and any contingent benefit.
The fact that giving or offering the subject benefit was customary in the trade, business, profession or calling is not a defence to the charge.
Duress is a defence to the charge.
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