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Corruptly Receiving or Soliciting a Benefit as an Agent

Corruptly Receiving or Soliciting a Benefit as an Agent is an offence under section 249B(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 were an agent
  2. You received or solicited a benefit for yourself or another, or agreed to receive or solicit a benefit for yourself or another
  3. You did so corruptly
  4. You did so by doing or not doing something, or by having done or having done something, or by showing or not showing favour or disfavour to any person, or by having shown or not having shown disfavour to any person, and
  5. Your actions related to the affairs or business of your principal.

Alternatively, the prosecution must prove beyond reasonable doubt that:

  1. You were an agent
  2. You received or solicited a benefit for yourself or another, or agreed to receive or solicit a benefit for yourself or another
  3. You did so corruptly, and
  4. Your receipt or expectation of receipt would tend to influence you to show, or not to show, favour or disfavour to any person, and
  5. Your actions related to the affairs or business of your 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 receiving or soliciting the subject benefit 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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