28 March 2018
© Commonwealth of Australia 2018 ISBN 978-1-76010-759-8
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Conduct of inquiry Background Scope and structure of the report Acknowledgements
International obligations Domestic implementation of international obligations Assessment of Australia's implementation of international obligations Committee view
Government departments and agencies Criticisms of Australia's enforcement of foreign bribery legislation Factors contributing to a lack of enforcement Recent initiatives to improve enforcement Phase 4 OECD Report Committee view
Including candidates for office in the definition of foreign public official Clarify offence of 'improperly influencing' a foreign public official Extend the offence to cover bribery to obtain a personal advantage Corporate criminal liability in Australia Other reforms to the foreign bribery offence Introducing a lesser offence of recklessness
What are deferred and non-prosecution agreements? Implementing a deferred prosecution agreement scheme in Australia Key features of the DPA scheme proposed in the CCC bill Committee view
Current whistleblower protections Whistleblowers need to be better supported Suggestions for reform Recent reviews into whistleblowing protections Recent legislative developments Committee view
Current position in Australia International move towards abolishing the facilitation payment defence Facilitation payment defence in Australia Stakeholder opinion Arguments in favour of abolishing the facilitation payment defence Committee view
Expansion of the register of beneficial ownership Committee view Integrity in public procurement Committee view Building a culture of compliance Committee view
General comments Chapter 3—Investigation and enforcement Chapter 4—Reforming the foreign bribery offence Chapter 5—Encouraging self-reporting by corporations—A deferred prosecution agreement scheme Chapter 6—Protecting whistleblowers who expose foreign bribery Chapter 7—The facilitation payment defence Chapter 8—Other reform options
Submissions Tabled Documents Answers to Questions on Notice Additional Information
Senate Standing Committees on EconomicsPO Box 6100Parliament HouseCanberra ACT 2600 Phone: +61 2 6277 3540economics.sen@aph.gov.au
An inquiry into the measures governing the activities of Australian corporations, entities, organisations, individuals, government and related parties with respect to foreign bribery.
31 Oct 2017: Melbourne07 Aug 2017: Sydney
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