Second Reading Speeches

Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023

Type
Government
Portfolio
Attorney-General
Originating house
House of Representatives
Status
Act
Parliament no
47

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Summary

Amends the:

Criminal Code Act 1995
to: extend the foreign bribery offence to include the bribery of candidates for public office and bribery conducted to obtain a personal advantage; remove the requirement that a benefit or business advantage be ‘not legitimately due’ and replace it with the concept of ‘improperly influencing’ a foreign public official; remove the requirement that the foreign public official be influenced in the exercise of their official duties; clarify that the foreign bribery offence does not require the prosecution to prove that the accused had a specific business, or business or personal advantage, in mind, and that the business, or business or personal advantage, can be obtained for someone else; and create an offence of failure of a body corporate to prevent foreign bribery by an associate; and
Income Tax Assessment Act 1997
to preserve the existing rule which prohibits a person from claiming as a deduction for a loss or outgoing a bribe to a foreign public official.

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