Going to Court? Book Your Free First Appointment

Saved Pages

Save pages and articles you’re most interested in to read later on.


Corruptly Giving or Offering a Benefit to an Agent

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:

  1. You gave or offered to give a benefit to an agent, or to any other person with the consent or at the request of the agent
  2. You did so corruptly
  3. You did so to induce or reward the agent for doing or not doing something, or for having done or not having done something, or for showing or not showing favour or disfavour to any person, or for having shown or not having shown disfavour to any person, and
  4. Your actions related to the affairs or business of the agent’s principal.

Alternatively, the prosecution must prove beyond reasonable doubt that:

  1. You gave or offered to give a benefit to an agent, or to any other person with the consent or at the request of the agent
  2. You did so corruptly
  3. The receipt, or expectation of receipt, of the benefit would tend to influence the agent to show, or not to show, favour or disfavour to any person, and
  4. That influence related to the affairs or business of the agent’s principal.

An ‘agent’ includes:

  1. Any person employed by, or acting for, another person in any capacity
  2. Any person purporting to be, or intending to become, employed by another person
  3. Any person purporting to act, or intending to act, for another person
  4. A police officer
  5. A councillor of local government councillor
  6. A councillor of an Aboriginal Land Council, and
  7. A board member of an Aboriginal Land Council.

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.

What Our Clients Say SEE ALL

  • ★★★★★

    Second serious offence

    Kent Park represented my son on his second serious offence recently. From the start Kent…

  • ★★★★★

    "Thinking on the spot" ability

    I have had to use the services of Nedim's team on a few occasions, and…

  • ★★★★★

    Excellent service

    I had Kent Park assisted my matter and he had been excellent, down to earth…

  • ★★★★★

    Kent never gave up

    I Had Kent Park represent me for a legal matter. The complainant had added several…

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Search Our Site enter search term and press GO

Saved Articles & Pages

APPOINTMENT BOOKING FORM * mandatory fields

Preferred date for conference
Preferred time for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)