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Corruptly Receiving a Benefit for Giving Advice to a Third Person

Corruptly Receiving a Benefit for Giving Advice to a Third Person is an offence under section 249D(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 received a benefit from another person
  2. You received it for giving advice to a third person
  3. Your advice was likely to influence the third person to enter into a contract with the person who gave you the benefit, or to appoint the person who gave you the benefit into any office
  4. You intended at the time you received the benefit that it not be made known to the third person, 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 an appointment to any office, as well as voting for, or assisting in, an 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 the trade, business, profession or calling is not a defence to the charge.

Duress is a defence to the charge.

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