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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.

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