Chapter 1 - Introduction
[1]
Journals of the Senate, No. 101, 24 June 2015, pp. 2807–2808.
[2]
Journals of the Senate, No. 9, 11 October 2016, p. 173.
[3]
On 20 June 2017, the Senate granted the committee an extension
to report by 7 December 2017, see Journals of the Senate, No.
46, 20 June 2017, p. 1494. On 27 November 2017, the Senate granted the
committee a further extension to report by 7 February 2018, see Journals of
the Senate, No. 72, 27 November 2017, p. 2283.
[4]
Journals of the Senate, No. 80, 5 February 2018, p. 2565.
[5]
Journals of the Senate, No. 101, 24 June 2015, p. 2807.
[6]
OECD Working Group on Bribery, Convention on Combating Bribery of
Foreign Public Officials in International Business Transactions, article 1,
p. 7, http://www.oecd.org/daf/anti-bribery/ConvCombatBribery_ENG.pdf
(accessed 26 February 2018).
[7]
Attorney-General's Department, Factsheet—The foreign bribery offence,
https://www.ag.gov.au/CrimeAndCorruption/Foreignbribery/Documents/Factsheet-Theforeignbriberyoffence.pdf
(accessed 26 February 2018).
[8]
International Bar Association Anti-Corruption Committee, Submission
6, p. 7.
[9]
Attorney-General's Department, Submission 32, p. 2.
[10]
Engineers Australia, Submission 3, p. 2.
[11]
Mr Nick McKenzie, Submission 43, p. 5.
[12]
Crimes Legislation (Combatting Corporate Crime) Bill 2017, Schedule 1.
[13]
Crimes Legislation (Combatting Corporate Crime) Bill 2017, Schedule 2.
[14]
Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017.
Chapter 2 - Australia's anti-foreign bribery framework
[1]
Catherine Barker, Australia's implementation of the OECD Anti-Bribery
Convention, Background Note, 7 February 2012, p. 1, http://parlinfo.aph.gov.au/parlInfo/download/library/
prspub/1403446/upload_binary/1403446.pdf;fileType=application/pdf#search=%222010s%20background%20note%20(parliamentary%20library,%20australia)%22
(accessed
1 December 2017).
[2] OECD
Working Group on Bribery, Australia: Review of Implementation of the Convention
and 1997 Recommendation, 1999, p. 1, http://www.oecd.org/daf/anti-bribery/anti-briberyconvention/2378916.pdf
(accessed 1 December 2017).
[3]
Organisation for Economic Co-operation and Development, Convention on
Combating Bribery of Foreign Public Officials in International Business
Transactions, 21 November 1997, p. 6, http://www.oecd.org/daf/anti-bribery/ConvCombatBribery_ENG.pdf
(accessed 1 December 2017).
[4]
Organisation for Economic Co-operation and Development, Convention on
Combating Bribery of Foreign Public Officials in International Business
Transactions, 21 November 1997, p. 6, article 1.1, http://www.oecd.org/daf/anti-bribery/ConvCombatBribery_ENG.pdf
(accessed 1 December 2017).
[5]
Organisation for Economic Co-operation and Development, Convention on
Combating Bribery of Foreign Public Officials in International Business
Transactions, 21 November 1997, p. 6, article 1.2, http://www.oecd.org/daf/anti-bribery/ConvCombatBribery_ENG.pdf
(accessed 1 December 2017).
[6]
Organisation for Economic Co-operation and Development, Convention on
Combating Bribery of Foreign Public Officials in International Business
Transactions, 21 November 1997, p. 6, articles 3, 4, 5, 9–10, http://www.oecd.org/daf/anti-bribery/ConvCombatBribery_ENG.pdf
(accessed 1 December 2017).
[7]
United Nations Office on Drugs and Crime, United Nations Convention
against Corruption, New York, 2004, article 1, p. 7.
[8] United
Nations Office on Drugs and Crime, United Nations Convention against
Corruption, New York, 2004, article 16, p. 17.
[9]
United Nations Office on Drugs and Crime, United Nations Convention
against Corruption, New York, 2004, Chapter IV, pp. 30–41.
[10]
Criminal Code Amendment (Bribery of Foreign Public Officials) Bill 1999, explanatory
memorandum p. 2.
[11]
Criminal Code Act 1995, s. 12.1.
[12] See, for
example, the discussion of the NPA and Securency case in Appendix 1, where penalties
for NPA and Securency were ordered under the Proceeds of Crime Act 2002;
and a former Chief Financial Officer of Securency, Mr David Ellery, was sentenced
under the Crimes Act 1958 (Vic) for a false accounting offence case. See,
R v Ellery [2012] VSC 349, http://www.austlii.edu.au/cgibin/sinodisp/au/cases/vic/VSC/2012/349.html?stem=0&synonyms=0&query=title(R%20and%20Ellery%20
(accessed 1 March 2018).
[13]
Criminal Code Act 1995, Division 12.
[14]
Criminal Code Act 1995, ss. 12.3(2). See also Attorney-General's
Department, answers to questions on notice, 31 October 2017 (received on 17
November 2017), p. 4.
[15]
Attorney-General's Department, answers to questions on notice, 31 October
2017 (received on 17 November 2017), p. 4.
[16]
Pursuant to Crimes Act 1914, ss. 4AA(1), a penalty unit is
currently $210.
[17]
Criminal Code Act 1995, ss. 70.2(4) and (5).
[18] Criminal Code Act 1995, s.
70.3.
[19] Criminal Code Act 1995, s. 70.4.
[20]
As a result of the outcome of the Australian Wheat Board Case, discussed
in more detail in Appendix 1, the Criminal Code was amended to clarify that the
benefit offered must be required or permitted in the written law of the
place or country. The various sources of applicable law are set out in the
table in ss. 70.3(1) of the Criminal Code.
[21]
Attorney-General's Department, answers to questions on notice, 31 October
2017 (received on 17 November 2017), p. 3.
[22]
OECD Working Group on Bribery, Phase 3 Report on Implementing the OECD
Anti-Bribery Convention in Australia, October 2012, p. 17, http://www.oecd.org/daf/anti-bribery/Australiaphase3reportEN.pdf
(accessed 1 December 2017).
[23]
Attorney-General's Department, Proposed amendments to the foreign
bribery offence in the Criminal Code Act 1995, Public Consultation Paper,
April 2017, p. 1.
[24]
Pre-existing concealment and falsification of company books and provision
of false information offences contained in s. 1307 and 1309 of the Corporations
Act 2001 remain. However, it is important to note that in relation to civil
penalty proceedings under the Corporations Act 2001, proceedings must be
commenced within six years (s. 1317K).
[25]
Attorney-General's Department, Proposed amendments to the foreign
bribery offence in the Criminal Code Act 1995, Public Consultation Paper,
April 2017, p. 1.
[26]
Attorney-General's Department, Proposed amendments to the foreign
bribery offence in the Criminal Code Act 1995, Public Consultation Paper,
April 2017, p. 4.
[27]
AGD, Deferred prosecution agreements—public consultation, 2016, https://www.ag.gov.au/Consultations/Pages/Deferred-prosecution-agreements-public-consultation.aspx (accessed 4 January 2018).
[28]
Attorney-General's Department, Improving enforcement options for
serious corporate crime: A proposed model for a Deferred Prosecution Agreement
scheme in Australia, Public Consultation Paper, March 2017, p. 1.
[29]
Attorney-General's Department, Deferred Prosecution Agreements – public
consultation, https://www.ag.gov.au/Consultations/Pages/Deferred-prosecution-agreements-public-consultation.aspx
(accessed 3 January 2018).
[30]
Attorney-General's Department, Improving enforcement options for
serious corporate crime: A proposed model for a Deferred Prosecution Agreement
scheme in Australia, Public Consultation Paper, March 2017, p. 1.
[31]
Attorney-General's Department, Improving enforcement options for
serious corporate crime: A proposed model for a Deferred Prosecution Agreement
scheme in Australia, Public Consultation Paper, March 2017, p. 1.
[32]
Australian Government, The Treasury, Treasury Laws Amendment
(Whistleblowers)
Bill 2017 - Exposure Draft, https://consult.treasury.gov.au/market-and-competition-policy-division/whistleblowers-bill-2017/
(accessed 3 January 2018).
[33]
Australian Government, The Treasury, Review of tax and corporate
whistleblower protections in Australia, Review of tax and corporate
whistleblower protections in Australia,
21 December 2016–10 February 2017, https://treasury.gov.au/consultation/review-of-tax-and-corporate-whistleblower-protections-in-australia/
(accessed 19 March 2018).
[34]
Australian Government, The Treasury, Treasury Laws Amendment
(Whistleblowers)
Bill 2017—Exposure Draft, https://consult.treasury.gov.au/market-and-competition-policy-division/whistleblowers-bill-2017/
(accessed 3 January 2018).
[35]
Phase 1 evaluates the adequacy of a country's legislation to implement the
Convention. Phase 2 assesses whether a country is applying its legislation
effectively. Phase 3 focuses on enforcement of the laws implementing the
Convention and associated instruments. Phase 4 focuses on key group-wide
cross-cutting issues; the progress made on weaknesses identified in previous
evaluations; enforcement efforts and results; and any issues raised by changes
in the domestic legislation or institutional framework.
[36]
OECD Working Group on Bribery, Phase 3 Report on Implementing the OECD
Anti-Bribery Convention in Australia, 12 October 2012, p. 5, http://www.oecd.org/daf/anti-bribery/Australiaphase3reportEN.pdf
(accessed 1 December 2017).
[37]
OECD Working Group on Bribery, Phase 3 Report on Implementing the OECD
Anti-Bribery Convention in Australia, 12 October 2012, p. 5, http://www.oecd.org/daf/anti-bribery/Australiaphase3reportEN.pdf
(accessed 1 December 2017). The committee notes that there is some debate about
the number of prosecutions arising out of Australia's foreign bribery
legislation.
[38]
OECD Working Group on Bribery, Follow-up to the Phase 3 Report &
Recommendations, 3 April 2015, pp. 4–5, http://www.oecd.org/daf/anti-bribery/Australia-Phase-3-Follow-up-Report-ENG.pdf
(accessed 1 December 2017).
[39]
OECD Working Group on Bribery, Follow-up to Phase 3 Report, April
2015, p. 4, http://www.oecd.org/daf/anti-bribery/Australia-Phase-3-Follow-up-Report-ENG.pdf
(accessed 1 December 2017).
[40]
OECD Working Group on Bribery, Follow-up to Phase 3 Report, April
2015, p. 4, http://www.oecd.org/daf/anti-bribery/Australia-Phase-3-Follow-up-Report-ENG.pdf
(accessed 1 December 2017), see in particular recommendations 3 and 4b.
[41]
OECD Working Group on Bribery, Follow-up to Phase 3 Report, April
2015, p. 4, http://www.oecd.org/daf/anti-bribery/Australia-Phase-3-Follow-up-Report-ENG.pdf
(accessed 15 February 2018), see in particular recommendation 10b.
[42]
OECD Working Group on Bribery, Monitoring Schedule December 2016—June
2024, http://www.oecd.org/daf/anti-bribery/Phase-4-Evaluation-Schedule-2016-2024.pdf
(accessed 1 December 2017).
[43]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 4 January 2018).
[44]
OECD, Bribery and corruption, 19 December 2017, Australia takes major
steps to combat foreign bribery, but OECD wants to see more enforcement, http://www.oecd.org/corruption/australia-takes-major-steps-to-combat-foreign-bribery-but-oecd-wants-to-see-more-enforcement.htm
(accessed 3 January 2018).
[45]
OECD, Bribery and corruption, 19 December 2017, Australia takes major
steps to combat foreign bribery, but OECD wants to see more enforcement, http://www.oecd.org/corruption/australia-takes-major-steps-to-combat-foreign-bribery-but-oecd-wants-to-see-more-enforcement.htm,
(accessed 3 January 2018).
[46]
United Nations Office on Drugs and Crime, Mechanism for the Review of
Implementation of the United Nations Convention against Corruption–Basic
Documents, p. 11, 'IV. Review process', http://www.unodc.org/documents/treaties/UNCAC/Publications/ReviewMechanism-BasicDocuments/Mechanism_for_the_Review_of_Implementation_-_Basic_Documents_-_E.pdf
(accessed 1 December 2017).
[47] Conference
of the States Parties to the United Nations Convention against Corruption, Resolution
3/1, 9–13 November 2009, p. iii, item 3, https://www.unodc.org/documents/treaties/UNCAC/COSP/session3/V1051985e.pdf (accessed 1 December 2017).
[48]
Attorney-General's Department, Global leadership in combating
corruption, https://www.ag.gov.au/CrimeAndCorruption/AntiCorruption/Pages/Globalleadershipincombatingcorruption.aspx
(accessed 1 December 2017).
[49] Implementation
Review Group, Review of implementation of the United Nations Convention
against Corruption, 18–22 June 2012, p. 9, https://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/ImplementationReviewGroup/18-22June2012/V1253616e.pdf
(accessed 1 December 2017).
[50]
Implementation Review Group, Review of implementation of the United
Nations Convention against Corruption, 18–22 June 2012, p. 9, https://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/ImplementationReviewGroup/18-22June2012/V1253616e.pdf
(accessed 1 December 2017).
[51]
Implementation Review Group, Review of implementation of the United
Nations Convention against Corruption, 18–22 June 2012, p. 12, https://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/ImplementationReviewGroup/18-22June2012/V1253616e.pdf
(accessed 1 December 2017).
[52]
Implementation Review Group, Review of implementation of the United
Nations Convention against Corruption, 18–22 June 2012, p. 12, https://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/ImplementationReviewGroup/18-22June2012/V1253616e.pdf
(accessed 1 December 2017).
[53]
United Nations Office on Drugs and Crime, Note CU 2015/46/DTA/CEB/CSS –
Response from the Australian Government, p. 1, http://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/ImplementationReviewGroup/14-16November2016/GoodPractices/
2015.46/Australia.pdf (accessed 13 February 2018).
[54]
United Nations Office on Drugs and Crime, Note CU 2015/46/DTA/CEB/CSS –
Response from the Australian Government, pp. 1–2, http://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/ImplementationReviewGroup/14-16November2016/GoodPractices/
2015.46/Australia.pdf (accessed 13 February 2018).
[55]
United Nations Office on Drugs and Crime, Country profiles, Australia, http://www.unodc.org/unodc/treaties/CAC/country-profile/CountryProfile.html?code=AUS
(accessed 13 February 2018).
Chapter 3 - Investigation and enforcement
[1]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 4 January 2018), pp. 15–16.
[2]
Ms Kelly Williams, Assistant Secretary, Criminal Law Policy Branch,
Attorney-General's Department, Committee Hansard, 31 October 2017, p.
45.
[3]
Attorney-General's Department, Submission 32, Annex 1, pp. 31–34.
[4]
International Bar Association Anti-Corruption Committee, Submission 6,
p. 6.
[5]
Commonwealth Director of Public Prosecutions, Submission 39, p.
1.
[6] Participating
agencies in the FAC include: AFP, ATO, Australian Crime Commission, Department
of Human Services, Australian Border Force, ASIC, DFAT, Department of Defence,
AUSTRAC, AGD and CDPP.
[7]
Attorney-General's Department, Submission 32, p. 12.
[8]
Australia Federal Police, Fraud and Anti-Corruption Centre Fact-sheet,
https://www.afp.gov.au/sites/default/files/PDF/fac-centre-fact-sheet.pdf
(accessed
7 November 2017).
[9]
OECD Working Group on Bribery, Phase 3 Report on Implementing the OECD
Anti-Bribery Convention in Australia, October 2012, p. 23, http://www.oecd.org/daf/anti-bribery/Australiaphase3reportEN.pdf (accessed 1 December 2017).
[10]
Australian Government, Attorney-General's Department, Foreign bribery, Agency
roles and responsibilities, April 2017, p. 1, https://www.ag.gov.au/.../Foreignbriberyagencyrolesandresponsibilities.DOCX (accessed 9 January 2018).
[11]
Note the Flowchart is presented in a format that is different from the
original source.
[12]
See, for example, Governance Institute of Australia, Submission 14.
[13]
The Australia Institute and The Jubilee Australia Research Centre, Submission
15, p. 3.
[14]
Governance Institute of Australia, Submission 14,
p. 1.
[15]
International Bar Association Anti-Corruption Committee, Submission 6,
p. 5.
[16]
Mr Nick McKenzie, Submission 43, p. 4.
[17]
Mr Nick McKenzie, Submission 43, p. 4.
[18]
Mr Nick McKenzie, Private capacity, Committee Hansard, 7 August
2017, p. 8.
[19]
Dr Mark Zirnsak, Director, Justice and International Mission, Synod of
Victoria and Tasmania, Uniting Church in Australia, Committee Hansard, 7
August 2017, p. 1.
[20]
Mr Robert Wyld, Co-Chair, Anti-Corruption Committee, International Bar
Association, Committee Hansard, 22 April 2016, pp. 20–21.
[21]
Law Council of Australia, Submission 10, p. 2.
[22]
The Law Society of New South Wales Young Lawyers, International Law
Committee, Submission 25, pp. 10–11.
[23]
McMurray + Associates, Submission 33, p. 4.
[24]
Dr Mark Zirnsak, Director, Justice and International Mission, Synod of
Victoria and Tasmania, Uniting Church in Australia, Committee Hansard, 7
August 2017, p. 7.
[25]
Law Council of Australia, Submission 10, p. 3.
[26]
International Bar Association Anti-Corruption Committee, Submission 6,
p. 5.
[27]
Mr Robert Wyld, Co-Chair, Anti-Corruption Committee, International Bar
Association, Committee Hansard, 22 April 2016, pp. 20–21.
[28]
Mr Stephen Sasse, Private capacity, Committee Hansard, 22 April
2016, p. 5.
[29]
Mr Stephen Sasse, Private capacity, Committee Hansard, 22 April
2016, p. 5.
[30]
Mr Nick McKenzie, Submission 43, p. 7.
[31]
Mr Nick McKenzie, Private capacity, Committee Hansard, 7 August
2017, pp. 9–10.
[32]
Mr Nick McKenzie, Private capacity, Committee Hansard, 7 August
2017, p. 9.
[33]
Mr Ian McCartney, Acting Deputy Commissioner Operations, Australian
Federal Police, Committee Hansard, 22 April 2016, p. 25.
[34]
OECD, OECD Foreign Bribery Report: An Analysis of the Crime of Bribery
of Foreign Public Officials, 2014, p. 14, http://www.oecd-ilibrary.org/governance/oecd-foreign-bribery-report_9789264226616-en
(accessed 7 December 2016).
[35]
Mr Robert Wyld, Co-Chair, Anti-Corruption Committee, International Bar
Association, Committee Hansard, 22 April 2016, p. 21.
[36]
Mr Nick McKenzie, Submission 43, p. 34.
[37]
Mr Nick McKenzie, Private capacity, Committee Hansard, 7 August
2017, p. 9.
[38]
Mr Stephen Sasse, Private capacity, Committee Hansard, 22 April
2016, p. 10.
[39]
Mr Stephen Sasse, Private capacity, Committee Hansard, 22 April
2016, pp. 4–5.
[40]
Mr Stephen Sasse, Private capacity, Committee Hansard, 22 April
2016, p. 10.
[41]
Mr Stephen Sasse, Private capacity, Committee Hansard, 22 April
2016, p. 5.
[42]
Attorney-General's Department, Submission 32, p. 13
[43]
Mr Nick McKenzie, Private capacity, Committee Hansard, 7 August
2017, pp. 10 and 12.
[44]
Mr Ian McCartney, Acting Deputy Commissioner Operations, Australian
Federal Police, Committee Hansard, 22 April 2016, p. 25.
[45]
Australian Taxation Office, Project Wickenby task force, https://www.ato.gov.au/General/The-fight-against-tax-crime/Our-focus/Project-Wickenby-task-force/
(accessed 14 February 2018).
[46]
Australian Taxation Office, Project Wickenby has delivered, https://www.ato.gov.au/general
/the-fight-against-tax-crime/news-and-results/project-wickenby-has-delivered/
(accessed 14 February 2018).
[47]
Australian Federal Police, Serious Financial Crime Taskforce, https://www.afp.gov.au/what-we-do/crime-types/fraud/serious-financial-crime-taskforce
(accessed 16 February 2018).
[48]
Mr Nick McKenzie, Private capacity, Committee Hansard, 7 August
2017, p. 12.
[49]
Mr Mark Pulvirenti, Partner, Control Risks, Committee Hansard, 7
August 2017, p. 29.
[50]
Mr Robert Wyld, Partner, Johnson Winter & Slattery; and Immediate Past
Co-Chair, International Bar Association Anti-Corruption Committee, Committee
Hansard, 7 August 2017, p. 40.
[51]
Mr Robert Wyld, Partner, Johnson Winter & Slattery; and Immediate Past
Co-Chair, International Bar Association Anti-Corruption Committee, Committee
Hansard, 7 August 2017, p. 43.
[52]
Mr Tim Game SC, Co-Chair, National Criminal Law Committee, Law Council of
Australia, Committee Hansard, 7 August 2017, p. 47.
[53]
Mr Ian McCartney, Acting Deputy Commissioner Operations, Australian
Federal Police, Committee Hansard, 22 April 2016, pp. 26–27.
[54]
Attorney-General's Department, Submission 32, p. 7.
[55] Australia's
mutual assistance regime is set out in the Mutual Assistance in Criminal
Matters Act 1987.
[56]
Commander Peter Crozier, Manager, Criminal Assets, Fraud and Anti-Corruption,
Australian Federal Police, Committee Hansard, 31 October 2017, p. 18.
[57] Mr Shane
Kirne, Deputy Director and Practice Group Leader, Commercial, Financial and
Corruption Group, Commonwealth Director of Public Prosecutions, Committee
Hansard, 31 October 2017, p. 29.
[58]
Mr Robert Wyld, Co-Chair, Anti-Corruption Committee, International Bar
Association, Committee Hansard, 22 April 2016, p. 21.
[59]
OECD Working Group on Bribery, Phase 3 Report on Implementing the OECD
Anti-Bribery Convention in Australia, October 2012, pp. 5 and 30, http://www.oecd.org/daf/anti-bribery/Australiaphase3reportEN.pdf
(accessed 1 December 2017).
[60]
Mr Nick McKenzie, Private capacity, Committee Hansard, 7 August
2017 p. 11.
[61]
Mr Nick McKenzie, Private capacity, Committee Hansard, 7 August
2017 p. 9.
[62]
KordaMentha, Submission 22, p. 12.
[63]
Commander Peter Crozier, Manager, Criminal Assets, Fraud and Anti-Corruption,
Australian Federal Police, Committee Hansard, 31 October 2017,
p. 42.
[64]
Mr Shane Kirne, Deputy Director and Practice Group Leader, Commercial,
Financial and Corruption Group, Commonwealth Director of Public Prosecutions, Committee
Hansard, 31 October 2017, p. 41.
[65]
UK Government, Serious Fraud Office, About us, https://www.sfo.gov.uk/about-us/
(accessed 1 December 2017).
[66]
Mr Shane Kirne, Deputy Director and Practice Group Leader, Commercial,
Financial and Corruption Group, Commonwealth Director of Public Prosecutions, Committee
Hansard, 31 October 2017, p. 42.
[67]
Mr Chris Savundra, Chief Legal Officer, Australian Securities and
Investment Commission, Committee Hansard, 31 October 2017, p. 42.
[68]
Mr Chris Savundra, Chief Legal Officer, Australian Securities and
Investment Commission, Committee Hansard, 31 October 2017, p. 42.
[69]
Mr Chris Savundra, Chief Legal Officer, Australian Securities and
Investment Commission, Committee Hansard, 31 October 2017, p. 42.
[70]
Prime Minister Malcolm Turnbull MP, Boosting efforts to tackle foreign
bribery, 23 April 2016, http://www.malcolmturnbull.com.au/media/boosting-efforts-to-tackle-foreign-bribery
(accessed 1 December 2017).
[71]
Prime Minister Malcolm Turnbull MP, Boosting efforts to tackle foreign
bribery, 23 April 2016, http://www.malcolmturnbull.com.au/media/boosting-efforts-to-tackle-foreign-bribery
(accessed 1 December 2017).
[72]
Commander Peter Crozier, Manager, Criminal Assets, Fraud and Anti-Corruption,
Australian Federal Police, Committee Hansard, 31 October 2017,
p. 41.
[73]
Ms Kelly Williams, Assistant Secretary, Criminal Law Policy Branch, Attorney-General's
Department, Committee Hansard, 31 October 2017, p. 45.
[74]
Commander Peter Crozier, Manager, Criminal Assets, Fraud and Anti-Corruption,
Australian Federal Police, Committee Hansard, 31 October 2017
p. 42.
[75] Mr Greg
Golding, Chair, Foreign Corrupt Practices Committee, Business Law Section, Law
Council of Australia, Committee Hansard, 7 August 2017, p. 47.
[76]
International Bar Association Anti-Corruption Committee, Submission 6, p.
18.
[77]
Commonwealth Director of Public Prosecutions, Submission 39, p. 2.
[78] Mr Robert Wyld,
Partner, Johnson Winter & Slattery; and Immediate Past Co-Chair,
International Bar Association Anti-Corruption Committee, Committee Hansard,
7 August 2017, p. 38.
[79]
Attorney-General's Department, Submission 32, p. 12.
[80]
Mr Robert Wyld, Co-Chair, International Bar Association Anti-Corruption
Committee, Committee Hansard, 22 April 2016, p. 20.
[81]
See Committee Hansard, 31 October 2017, pp. 33–44.
[82]
Mr Chris Savundra, Chief Legal Officer, Australian Securities and
Investment Commission, Committee Hansard, 31 October 2017, p. 36.
[83]
Mr Shane Kirne, Deputy Director and Practice Group Leader, Commercial,
Financial and Corruption Group, Commonwealth Director of Public Prosecutions, Committee
Hansard, 31 October 2017, p. 26.
[84] Ms Jeldee
Roberston, Principal Federal Prosecutor, Commercial, Financial and Corruption
Group, Commonwealth Director of Public Prosecutions, Committee Hansard,
31 October 2017, p. 32.
[85] Mr Shane
Kirne, Deputy Director and Practice Group Leader, Commercial, Financial and
Corruption Group, Commonwealth Director of Public Prosecutions, Committee
Hansard, 31 October 2017, p. 32.
[86]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 4 January 2018).
[87]
Mr Shane Kirne, Deputy Director and Practice Group Leader, Commercial,
Financial and Corruption Group, Commonwealth Director of Public Prosecutions, Committee
Hansard, 31 October 2017, pp. 34–35.
[88]
Commander Peter Crozier, Manager, Criminal Assets, Fraud and Anti-Corruption,
Australian Federal Police, Committee Hansard, 31 October 2017,
p. 38.
[89]
Mr Shane Kirne, Deputy Director and Practice Group Leader, Commercial,
Financial and Corruption Group, Commonwealth Director of Public Prosecutions, Committee
Hansard, 31 October 2017, p. 26.
[90]
Commander Peter Crozier Manager, Criminal Assets, Fraud and Anti-Corruption,
Australian Federal Police, Committee Hansard, 31 October 2017,
p. 39.
[91]
Mr Chris Savundra, Chief Legal Officer, Australian Securities and
Investment Commission, Committee Hansard, 31 October 2017, p. 20.
[92]
Mr Chris Savundra, Chief Legal Officer, Australian Securities and
Investment Commission, Committee Hansard, 31 October 2017, p. 20.
[93]
The Hon. Kelly O'Dwyer MP, Minister for Revenue and Financial Services,
Media release, ASIC Enforcement Review Taskforce, 19 October 2016, http://kmo.ministers.treasury.gov.au/media-release/095-2016/
(accessed 1 December 2017).
[94]
Mr Chris Savundra, Chief Legal Officer, Australian Securities and
Investment Commission, Committee Hansard, 31 October 2017, p. 37.
[95]
Mr Shane Kirne, Deputy Director and Practice Group Leader, Commercial,
Financial and Corruption Group, Commonwealth Director of Public Prosecutions,
Committee Hansard, 31 October 2017, p. 38.
[96]
Ms Kate Mills, Principal Adviser, Financial System Division, Treasury,
Committee Hansard, 31 October 2017, p. 24.
[97]
Ms Kate Mills, Principal Adviser, Financial System Division, Treasury, Committee
Hansard, 31 October 2017, p. 24.
[98]
Ms Kate Mills, Principal Adviser, Financial System Division, Treasury, Committee
Hansard, 31 October 2017, p. 24.
[99]
Ms Kelly Williams, Assistant Secretary, Criminal Law Policy Branch,
Attorney-General's Department, Committee Hansard,
31 October 2017, p. 45.
[100] OECD Working Group on
Bribery, Implementing the OECD Anti-bribery Convention, Phase 4 report:
Australia, p. 42, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 4 January 2018).
[101] OECD Working Group on
Bribery, Implementing the OECD Anti-bribery Convention, Phase 4 report:
Australia, p.44, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 4 January 2018).
[102] OECD Working Group on
Bribery, Implementing the OECD Anti-bribery Convention, Phase 4 report:
Australia, p. 44, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 4 January 2018), (accessed 1 January 2018).
Chapter 4 - Reforming the foreign bribery offence
[1]
Criminal Code Act 1995, Division 70.
[2]
Attorney-General's Department, Proposed amendments to the foreign
bribery offence in the Criminal Code Act 1995, Public Consultation Paper,
April 2017, p. 4.
[3]
On 6 December 2017 the CCC bill was introduced by the government in the
Senate. See Journals of the Senate, No. 78, 6 December 2017, p. 2484.
On 7 December 2017 the Senate referred the bill to the L and C committee for
inquiry and report by 20 April 2018. See Journals of the Senate, No. 79,
7 December 2017, pp. 2512–2513.
[4]
CCC bill, Schedule 1, item 4.
[5]
Attorney-General's Department, Proposed amendments to the foreign
bribery offence in the Criminal Code Act 1995, Public Consultation Paper,
April 2017, p. 4.
[6]
Attorney-General's Department, Submission 7 to the L and C
committee's inquiry into the CCC bill 2017, p. 4.
[7]
Attorney-General's Department, Submission 7 to the L and C committee's
inquiry into the CCC bill 2017, p. 4.
[8]
Australian Institute of Company Directors, submission to
Attorney-General's Department 2017 consultation, Proposed amendments to the
foreign bribery offence in the Criminal Code Act 1995, p. 5.
[9]
Allens Linklaters, submission to Attorney-General's Department 2017
consultation, Proposed amendments to the foreign bribery offence in the
Criminal Code Act 1995, p. 5.
[10]
Allens Linklaters, submission to Attorney-General's Department 2017
consultation, Proposed amendments to the foreign bribery offence in the
Criminal Code Act 1995, p. 5.
[11]
BHP Billiton, submission to Attorney-General's Department 2017
consultation, Proposed amendments to the foreign bribery offence in the
Criminal Code Act 1995, p. 2.
[12]
CCC bill, Schedule 1, item 6.
[13]
Attorney-General's Department, Proposed amendments to the foreign
bribery offence in the Criminal Code Act 1995, Public Consultation Paper,
April 2017, pp. 6–7.
[14]
Mr Tim Game SC, Co-Chair, National Criminal Law Committee, Law Council of
Australia, Committee Hansard, 7 August 2017, p. 44.
[15]
Mr Robert Wyld, Partner, Johnson Winter & Slattery; and Immediate Past
Co-Chair, International Bar Association Anti-Corruption Committee, Committee
Hansard, 7 August 2017, p. 37.
[16]
Mr Matthew McGirr, Policy Adviser, Australian Institute of Company
Directors, Committee Hansard, 7 August 2017, p. 32.
[17]
Criminal Code Act 1995, s. 130.3.
[18]
Peters v R (1998) 192 CLR 493 at 504 [18].
[19]
Mr Tim Game SC, Co-Chair, National Criminal Law Committee, Law Council of
Australia, Committee Hansard, 7 August 2017, pp. 44–45.
[20]
Mr Matthew McGirr, Policy Adviser, Australian Institute of Company
Directors, Committee Hansard, 7 August 2017, p. 34.
[21]
Mr Robert Wyld, Partner, Johnson Winter & Slattery; and Immediate Past
Co-Chair, International Bar Association Anti-Corruption Committee, Committee
Hansard, 7 August 2017, p. 37.
[22]
Attorney-General's Department, Submission 7 to the L and C committee's
inquiry into the CCC bill 2017, p. 5.
[23]
Attorney-General's Department, Submission 7 to the L and C committee's
inquiry into the CCC bill 2017, p. 5.
[24]
Attorney-General's Department, answers to questions on notice, L and C
committee's inquiry into the CCC bill 2017, p. 4.
[25]
Attorney-General's Department, Submission 7 to the L and C committee's
inquiry into the CCC bill 2017, p. 5 [emphasis added].
[26]
Attorney-General's Department, answers to questions on notice, to the L
and C committee's inquiry into the CCC bill 2017, p. 4.
[27]
Attorney-General's Department, answers to questions on notice, L and C
committee's inquiry into the CCC bill 2017, p. 4.
[28]
Criminal Code Act 1995, s. 70.2.
[29]
CCC bill, Schedule 1, item 6.
[30]
Attorney-General's Department, Submission 7 to the L and C committee's
inquiry into the CCC bill 2017, p. 4.
[31]
Attorney-General's Department, Submission 7 to the L and C
committee's inquiry into the CCC bill 2017, p. 4.
[32]
Attorney-General's Department, Proposed amendments to the foreign
bribery offence in the Criminal Code Act 1995, Public Consultation Paper,
April 2017, p. 7.
[33]
Control Risks, submission to Attorney-General's Department 2017
consultation, Proposed amendments to the foreign bribery offence in the
Criminal Code Act 1995, p. 3; Law Council of Australia, submission to
Attorney-General's Department 2017 consultation, Proposed amendments to the
foreign bribery offence in the Criminal Code Act 1995, p. 3.
[34] International
Bar Association Anti-Corruption Committee, submission to Attorney-General's
Department 2017 consultation, Proposed amendments to the foreign bribery
offence in the Criminal Code Act 1995, p. 6.
[35]
Criminal Code Act 1995, Division 12.
[36]
Criminal Code Act 1995, s. 12.2.
[37]
Criminal Code Act 1995, ss. 12.3(2).
[38]
Criminal Code Act 1995, ss. 12.3(6).
[39]
Criminal Code Act 1995, ss. 12.3(6).
[40]
Allens Linklaters, Corporate criminal liability: A review of law and
practice across the globe, 2016, p. 8, https://www.allens.com.au/pubs/pdf/ibo/CorporateCriminalLiability
Publication_2016.pdf (accessed 20 March 2018).
[41]
Attorney-General's Department, Proposed amendments to the foreign
bribery offence in the Criminal Code Act 1995, Public Consultation Paper,
April 2017, p. 8.
[42]
CCC bill, Schedule 1, item 2.
[43]
CCC bill, explanatory memorandum, p. 12.
[44]
CCC bill, explanatory memorandum, p. 18.
[45]
Attorney-General's Department, Proposed amendments to the foreign
bribery offence in the Criminal Code Act 1995, Public Consultation Paper,
April 2017, p. 8.
[46]
Australian Council of Superannuation Investors, Submission 8, p.
17.
[47]
Mr Neville Tiffen, Submission 46, p. 2.
[48]
Mr David Lehmann, Director, KordaMentha Forensic, Committee Hansard,
7 August 2017, p. 15.
[49]
Mr Mark Pulvirenti, Partner, Control Risks, Committee Hansard, 7
August 2017, p. 30.
[50]
See, for example, Australian Institute of Company Directors, Committee
Hansard, 7 August 2017, pp. 32–36; Law Council of Australia, Committee
Hansard, 7 August 2017, pp. 45–46.
[51]
Criminal Code Act 1995, s. 13.2.
[52]
Criminal Code Act 1995, s. 13.1.
[53]
Ms Louise Petschler, General Manager, Advocacy, Australian Institute of
Company Directors, Committee Hansard, 7 August 2017, p. 33.
[54]
Mr Matthew McGirr, Policy Adviser, Australian Institute of Company
Directors, Committee Hansard, 7 August 2017, p. 32.
[55]
Ms Louise Petschler, Australian Institute of Company Directors, Committee
Hansard, 7 August 2017, p. 36.
[56]
Mr Tim Game SC, Law Council of Australia, Committee Hansard, 7
August 2017, pp. 45–46.
[57]
Attorney-General's Department, Submission 7 to the L and C
committee's inquiry into the CCC bill 2017, p. 8.
[58]
Attorney-General's Department, answers to questions on notice, L and C
committee's inquiry into the CCC bill 2017, p. 16.
[59]
Attorney-General's Department, Submission 7 to the L and C committee's
inquiry into the CCC bill, p. 17.
[60]
Attorney-General's Department, Submission 7 to the L and C committee's
inquiry into the CCC bill, p. 16.
[61]
Attorney-General's Department, Submission 7 to the L and C committee's
inquiry into the CCC bill, p. 16.
[62]
Mr Matthew McGirr, Policy Adviser, Australian Institute of Company
Directors, Committee Hansard, 7 August 2017, p. 32.
[63]
Mr Matthew McGirr, Policy Adviser, Australian Institute of Company
Directors, Committee Hansard, 7 August 2017, p. 32.
[64]
Mr Matthew McGirr, Policy Adviser, Australian Institute of Company
Directors, Committee Hansard, 7 August 2017, p. 32.
[65]
Dr Mark Zrisnak, Director, Justice and International Mission, Synod of
Victoria and Tasmania, Uniting Church in Australia, Committee Hansard, 7
August 2017, p. 2.
[66]
Dr Mark Zrisnak, Director, Justice and International Mission, Synod of
Victoria and Tasmania, Uniting Church in Australia, Committee Hansard, 7
August 2017, p. 7
[67]
Mr Robert Wyld, Partner, Johnson Winter & Slattery; and Immediate Past
Co-Chair,
International Bar Association Anti-Corruption Committee, Committee Hansard,
7 August 2017, p. 37.
[68]
Mr Neville Tiffen, Private capacity, Committee Hansard, 31 October
2017, p. 3.
[69]
Attorney-General's Department, answers to questions on notice, L and C
committee's inquiry into the CCC bill, p. 1.
[70]
Attorney-General's Department, answers to questions on notice, L and C
committee's inquiry into the CCC bill, p. 17.
[71]
Attorney-General's Department, answers to questions on notice, L and C
committee's inquiry into the CCC bill, p. 17.
[72]
See, for example, Dr Mark Zirnsak, Director, Justice and International
Mission, Synod of Victoria and Tasmania, Uniting Church in Australia, Committee
Hansard, 7 August 2017, pp. 2–3.
[73] Criminal
Division of the US Department of Justice and the Enforcement Division of the US
Securities and Exchange Commission, A Resource Guide to the U.S. Foreign
Corrupt Practices Act, pp. 57–60, https://www.justice.gov/sites/default/files/criminal-fraud/legacy/2015/01/16/
guide.pdf (accessed 1 December 2017).
[74]
UK Ministry of Justice, The Bribery Act 2010: Guidance about procedures
which relevant commercial organisations can put into place to prevent persons
associated with them from bribing (section 9 of the Bribery Act 2010), pp.
20–31, https://www.justice.gov.uk/
downloads/legislation/bribery-act-2010-guidance.pdf (accessed 20 March
2018).
[75] Lexis Nexis,
Six principles for bribery prevention, Sam Hemmant (5 August 2015), https://bis.lexisnexis.co.uk/blog/posts/anti-bribery-and-corruption/six-principles-for-bribery-prevention
(accessed 1 December 2017).
[76] International
Organization for Standardization, ISO 37001:2016, Anti-bribery management
systems—Requirements with guidance for use, https://www.iso.org/standard/65034.html
(accessed 1 December 2017).
[77]
Mr Greg Golding, Chair, Foreign Corrupt Practices Committee, Business Law
Section, Law Council of Australia, Committee Hansard, 7 August 2017, p.
46.
[78]
Mr Michael Ahrens, Director, Transparency International Australia, Committee
Hansard, 7 August 2017, p. 23.
[79] Mr Robert
Wyld, Partner, Johnson Winter & Slattery; and Immediate Past Co-Chair,
International Bar Association Anti-Corruption Committee, Committee Hansard,
7 August 2017, p. 38.
[80]
Mr Greg Golding, Chair, Foreign Corrupt Practices Committee, Business Law
Section, Law Council of Australia, Committee Hansard, 7 August 2017, p.
46.
[81]
Mr David Lehmann, Director, KordaMentha Forensic, Committee Hansard,
7 August 2017, p. 15.
[82]
Mr David Lehmann, Director, KordaMentha Forensic, Committee Hansard,
7 August 2017, p. 18.
[83]
Mr Robert Wyld, Partner, Johnson Winter & Slattery; and Immediate Past
Co-Chair,
International Bar Association Anti-Corruption Committee, Committee Hansard,
7 August 2017, p. 38.
[84]
Mrs Rebecca Davies, Director Transparency International Australia, Committee
Hansard, 7 August 2017, p. 22.
[85]
See, for example, Associate Professor Vivienne Brand, Submission 4 to
the L and C committee's inquiry into the CCC bill, p. 2.
[86]
Attorney-General's Department, answers to questions on notice, L and C
committee's inquiry into the CCC bill, p. 7.
[87]
Attorney-General's Department, Submission 7 to the L and C
committee's inquiry into the CCC bill, pp. 8–9.
[88]
Attorney-General's Department, answers to questions on notice, L and C
committee's inquiry into the CCC bill, p. 10.
[89]
Attorney-General's Department, answers to questions on notice, L and C
committee's inquiry into the CCC bill, p. 12.
[90]
Attorney-General's Department, answers to questions on notice L and C
committee's inquiry into the CCC bill, p. 12.
[91]
Attorney-General's Department, answers to questions on notice, L and C
committee's inquiry into the CCC bill, p. 12.
[92]
Criminal Code Act 1995, ss. 70.2(c).
[93]
CCC bill, s. 70.2
[94]
Attorney-General's Department, Submission 7 to the L and C committee's
inquiry into the CCC bill, p. 6.
[95]
Export Council of Australia, submission to Attorney-General's Department
2017 consultation, Proposed amendments to the foreign bribery offence in the
Criminal Code Act 1995, p. 3.
[96]
Control Risks, submission to Attorney-General's Department 2017
consultation, Proposed amendments to the foreign bribery offence in the
Criminal Code Act 1995, p. 4.
[97] Law Council
of Australia, submission to Attorney-General's Department 2017 consultation,
Proposed amendments to the foreign bribery offence in the Criminal Code Act
1995, p. 6; International Bar Association Anti-Corruption Committee,
submission to Attorney-General's Department 2017 consultation, Proposed
amendments to the foreign bribery offence in the Criminal Code Act 1995, p.
9.
[98]
Law Council of Australia, submission to Attorney-General's Department 2017
consultation, Proposed amendments to the foreign bribery offence in the
Criminal Code Act 1995, p. 6.
[99]
International Bar Association Anti-Corruption Committee, submission to
Attorney-General's Department 2017 consultation, Proposed amendments to the
foreign bribery offence in the Criminal Code Act 1995, p. 9.
[100] See Criminal Code Act
1995, subpara. 70.2(1)(c)(ii); Control Risks, submission to
Attorney-General's Department 2017 consultation, Proposed amendments to the
foreign bribery offence in the Criminal Code Act 1995, p. 4;
Australia-Africa Minerals & Energy Group, submission to Attorney-General's
Department 2017 consultation, Proposed amendments to the foreign bribery
offence in the Criminal Code Act 1995, p. 9; Allens Linklaters, submission
to Attorney-General's Department 2017 consultation, Proposed amendments to
the foreign bribery offence in the Criminal Code Act 1995, p. 5.
[101] Attorney-General's Department,
Proposed amendments to the foreign bribery offence in the Criminal Code Act
1995, Public Consultation Paper, April 2017, p. 9.
[102] For instance,
the US Foreign Corrupt Practices Act 1977, the UK Bribery Act 2010,
the Canadian Corruption of Foreign Public Officials Act 1998 and the New
Zealand Crimes Act 1961.
[103] Control Risks, submission to
Attorney-General's Department 2017 consultation, Proposed amendments to the
foreign bribery offence in the Criminal Code Act 1995, p. 4;
Australia-Africa Minerals & Energy Group, submission to Attorney-General's
Department 2017 consultation, Proposed amendments to the foreign bribery
offence in the Criminal Code Act 1995, p. 9; Allens Linklaters, submission
to Attorney-General's Department 2017 consultation, Proposed amendments to
the foreign bribery offence in the Criminal Code Act 1995, p. 5.
[104] See CCC bill, Schedule 1,
item 6.
[105] International Bar
Association Anti-Corruption Committee, submission to Attorney-General's
Department 2017 consultation, Proposed amendments to the foreign bribery
offence in the Criminal Code Act 1995, p. 10; Law Council of Australia,
submission to Attorney-General's Department 2017 consultation, Proposed
amendments to the foreign bribery offence in the Criminal Code Act 1995, p.
6.
[106] International Bar
Association Anti-Corruption Committee, submission to Attorney-General's
Department 2017 consultation, Proposed amendments to the foreign bribery
offence in the Criminal Code Act 1995, p. 9.
[107] Criminal Code Act 1995,
s. 5.4.
[108] Attorney-General's
Department, Proposed amendments to the foreign bribery offence in the
Criminal Code Act 1995, Public Consultation Paper, April 2017, p. 8.
[109] Attorney-General's
Department, Proposed amendments to the foreign bribery offence in the Criminal
Code Act 1995, Public Consultation Paper, April 2017, p. 8.
[110] Attorney-General's
Department, Proposed amendments to the foreign bribery offence in the
Criminal Code Act 1995, Public Consultation Paper, April 2017, p. 8.
[111] Mr Shane Kirne, Commonwealth
Director of Public Prosecutions, Committee Hansard, 31 October
2017, p. 38.
[112] Dr Cindy Davids, Associate
Professor, School of Law, Deakin University, Melbourne, Submission 34,
p. 19.
[113] Mr Mark Pulvirenti, Partner,
Control Risks, Committee Hansard, 7 August 2017, p. 29.
[114] Dr Mark Zirnsak, Director, Justice
and International Mission, Synod of Victoria and Tasmania, Uniting Church in
Australia, Committee Hansard, 7 August 2017, p. 2.
[115] Mr Robert Wyld, Co-Chair,
Anti-Corruption Committee, International Bar Association, Committee Hansard,
22 April 2016, p. 23.
[116] Attorney-General's
Department, answers to questions on notice, L and C committee's inquiry into
the CCC bill, p. 1.
[117] Attorney-General's
Department, Submission 7 to the L and C committee's inquiry into the
CCC bill, p. 6.
[118] Attorney-General's
Department, Submission 7 to the L and C committee's inquiry into the
CCC bill, p. 6.
[119] Attorney-General's
Department, Submission 7 to the L and C committee's inquiry into the
CCC bill, pp. 6–7.
[120] Attorney-General's
Department, Submission 7 to the L and C committee's inquiry into the
CCC bill, p. 7.
[121] Attorney-General's
Department, answers to questions on notice, L and C committee's inquiry into
the CCC bill, p. 1.
[122] Attorney-General's
Department, answers to questions on notice, L and C committee's inquiry into
the CCC bill, p. 1.
[123] Attorney-General's
Department, answers to questions on notice, L and C committee's inquiry into
the CCC bill, p. 1.
[124] Attorney-General's
Department, answers to questions on notice, L and C committee's inquiry into
the CCC bill, p. 2.
Chapter 5 - Encouraging self-reporting by corporations—A deferred prosecution agreement scheme
[1]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, 15 December 2017, p. 52, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 4 January 2018).
[2] Attorney-General's
Department, Deferred prosecution agreements—public consultation, 2016, https://www.ag.gov.au/Consultations/Pages/Deferred-prosecution-agreements-public-consultation.aspx (accessed 4 January 2018).
[3]
Attorney-General's Department, Proposed model for a deferred
prosecution agreement scheme in Australia, 2017, https://www.ag.gov.au/Consultations/Pages/Proposed-model-for-a-deferred-prosecution-agreement-scheme-in-australia.aspx
(accessed 4 January 2018).
[4]
Attorney-General's Department, Proposed model for a deferred prosecution
agreement scheme in Australia, 2017, https://www.ag.gov.au/Consultations/Pages/Proposed-model-for-a-deferred-prosecution-agreement-scheme-in-australia.aspx
(accessed 4 January 2018).
[5]
BHP Billiton, Submission 37, p. 6.
[6]
BHP Billiton, Submission 37, p. 6.
[7]
Attorney-General's Department, Improving enforcement options for serious
corporate crime: Consideration of a Deferred Prosecution Agreements scheme in
Australia, March 2016, p. 12, https://www.ag.gov.au/consultations/Pages/Deferred-prosecution-agreements-public-consultation.aspx
(accessed 10 May 2016).
[8]
Serious Fraud Office, Standard Bank PLC, 1 June 2016, https://www.sfo.gov.uk/cases/
standard-bank-plc/ (accessed 22 July 2016).
[9]
Attorney-General's Department, Improving enforcement options for serious
corporate crime: Consideration of a Deferred Prosecution Agreements scheme in
Australia, March 2016, p. 11, https://www.ag.gov.au/consultations/Pages/Deferred-prosecution-agreements-public-consultation.aspx
(accessed 11 December 2017).
[10]
US Securities and Exchange Commission, SEC Charges Former Executive at
Tampa-Based Engineering Firm With FCPA Violations, https://www.sec.gov/news/pressrelease/2015-13.html
(accessed 11 December 2017).
[11]
Dr Mark Zirnsak, Director, Justice and International Mission, Synod of
Victoria and Tasmania, Uniting Church in Australia, Committee Hansard, 7
August 2017, p. 5.
[12]
International Bar Association Anti-Corruption Committee, Submission 6,
p. 29.
[13]
International Bar Association Anti-Corruption Committee, Submission 6,
p. 29.
[14]
Attorney-General's Department, Improving enforcement options for serious
corporate crime: Consideration of a Deferred Prosecution Agreements scheme in
Australia, March 2016, p. 3, https://www.ag.gov.au/consultations/Pages/Deferred-prosecution-agreements-public-consultation.aspx
(accessed 11 December 2017).
[15]
Mr Neville Tiffen, Submission 16, p. 7.
[16] Commonwealth
Director of Public Prosecutions, Prosecution Policy of the Commonwealth:
Guidelines for the Making of Decisions in the Prosecution Process, pp.
12–14, 20–23, https://www.cdpp.gov.au/sites/g/files/net391/f/Prosecution-Policy-of-the-Commonwealth_0.pdf
(accessed 11 December 2017).
[17]
Mr Neville Tiffen, Submission 16, p. 7.
[18]
Mr Neville Tiffen, Submission 16, p. 7.
[19]
Commonwealth Director of Public Prosecutions, Prosecution Policy of the
Commonwealth: Guidelines for the Making of Decisions in the Prosecution Process,
p. 13, https://www.cdpp.gov.au/sites/g/files/net391/f/Prosecution-Policy-of-the-Commonwealth_0.pdf
(accessed 11 December 2017).
[20]
Commonwealth Director of Public Prosecutions, Prosecution Policy of the
Commonwealth: Guidelines for the Making of Decisions in the Prosecution Process,
p. 13, https://www.cdpp.gov.au/sites/g/files/net391/f/Prosecution-Policy-of-the-Commonwealth_0.pdf
(accessed 11 December 2017).
[21]
Mr Neville Tiffen, Submission 16, p. 7.
[22]
Attorney-General's Department, Improving enforcement options for serious
corporate crime: Consideration of a Deferred Prosecution Agreements scheme in
Australia, March 2016, p. 3, https://www.ag.gov.au/consultations/Pages/Deferred-prosecution-agreements-public-consultation.aspx
(accessed 11 December 2017).
[23] Attorney-General's
Department, Deferred prosecution agreements—public consultation, 2016, https://www.ag.gov.au/Consultations/Pages/Deferred-prosecution-agreements-public-consultation.aspx
(accessed 4 January 2017); Attorney-General's Department, Proposed model for a
deferred prosecution agreement scheme in Australia, 2017, https://www.ag.gov.au/
Consultations/Pages/Proposed-model-for-a-deferred-prosecution-agreement-scheme-in-australia.aspx
(accessed 4 January 2017).
[24]
See, for example, Mr Neville Tiffen, Submission 16, p. 8; ANZ, Submission
20, p. 6; BHP Billiton, Submission 37, p. 5.
[25]
Mr William Brind Zichy-Woinarski, Member and Consultant, Anti-Corruption
Committee, International Bar Association, Committee Hansard, 22 April
2016, p. 22.
[26]
See, for example, Mr Neville Tiffen, Submission 16, p. 8; ANZ, Submission
20, p. 6; BHP Billiton, Submission 37, p. 5.
[27]
Mr Neville Tiffen, Submission 16, p. 8.
[28]
Mr Neville Tiffen, Submission 16, p. 8.
[29]
Mr Nick McKenzie, Private capacity, Committee Hansard, 7 August
2017, p. 8.
[30]
Mr Nick McKenzie, Private capacity Committee Hansard, 7 August
2017, p. 17.
[31]
Mr David Lehmann, Director, KordaMentha Forensic, Committee Hansard,
7 August 2017, p. 15.
[32]
King & Wood Mallesons, Mr Neville Tiffen, Norton Rose Fulbright,
Responses to AGD, Proposed model for a deferred prosecution agreement scheme in
Australia, 2017, https://www.ag.gov.au/Consultations/Pages/Proposed-model-for-a-deferred-prosecution-agreement-scheme-in-australia.aspx
(accessed 4 January 2017).
[33] King &
Wood Mallesons, Response to AGD, Proposed model for a deferred prosecution
agreement scheme in Australia, 2017, p. 2, https://www.ag.gov.au/Consultations/Pages/
Proposed-model-for-a-deferred-prosecution-agreement-scheme-in-australia.aspx
(accessed 4 January 2018).
[34] King &
Wood Mallesons, Response to AGD, Proposed model for a deferred prosecution
agreement scheme in Australia, 2017, p. 2, https://www.ag.gov.au/Consultations/Pages/
Proposed-model-for-a-deferred-prosecution-agreement-scheme-in-australia.aspx
(accessed 4 January 2018).
[35]
Crime and Courts Act 2013 (UK), Schedule 17, para. 6(1).
[36]
UK Serious Fraud Office and Crown Prosecution Service, Deferred
Prosecution Agreements Code of Practice, p. 2, https://www.sfo.gov.uk/publications/guidance-policy-and-protocols/deferred-prosecution-agreements/
(accessed 9 March 2018).
[37]
Mr Neville Tiffen, Response to AGD, Proposed model for a deferred
prosecution agreement scheme in Australia, 2017, p. 5, https://www.ag.gov.au/Consultations/Pages/Proposed-model-for-a-deferred-prosecution-agreement-scheme-in-australia.aspx
(accessed 4 January 2018).
[38]
Norton Rose Fulbright, Response to AGD, Proposed model for a deferred
prosecution agreement scheme in Australia, 2017, p. 9, https://www.ag.gov.au/Consultations/Pages/
Proposed-model-for-a-deferred-prosecution-agreement-scheme-in-australia.aspx
(accessed 4 January 2017).
[39]
See, for example, Mr Mark Pulverenti, Partner, Control Risks, Committee
Hansard, 7 August 2017, p. 26.
[40]
Mr Mark Pulverenti, Partner, Control Risks, Committee Hansard, 7
August 2017, p. 26.
[41]
Mr Neville Tiffen, Private capacity, Committee Hansard, 31 October
2017, p. 4.
[42]
Mr Michael Ahrens, Director, Transparency International, Committee
Hansard, 7 August 2017, p. 22.
[43]
CCC bill, Schedule 2, item 7, new ss. 17A(1).
[44]
CCC bill, Schedule 2, item 7, new s. 17.
[45]
Attorney-General's Department, Improving enforcement options for serious
corporate crime: Consideration of a Deferred Prosecution Agreements scheme in
Australia, March 2016, p. 9, https://www.ag.gov.au/consultations/Pages/Deferred-prosecution-agreements-public-consultation.aspx
(accessed 11 December 2017).
[46]
CCC bill, schedule 2, item 7, new ss. 17C(1).
[47]
CCC bill, schedule 2, item 7, new ss. 17C(2).
[48]
CCC bill, schedule 2, item 7, new ss. 17D(1)—(6).
[49]
CCC bill, schedule 2, item 7, new ss. 17D(1)—(2).
[50]
CCC bill, schedule 2, item 7, new s. 17F.
[51]
CCC bill, schedule 2, item 7, new ss. 17D(7)—(10). See also Attorney-General's
Department, answers to questions on notice, L and C committee inquiry into the
CCC bill, p. 29.
[52]
CCC bill, schedule 2, item 7, new s. 17H.
[53]
CCC bill, schedule 2, item 7, new s.17A. See also, CCC bill, explanatory
memorandum, p. 3.
[54]
CCC bill, explanatory memorandum, p. 3.
[55]
Uniting Church in Australia, Submission 1 to the L and C committee
inquiry into CCC bill, pp. 1 and 11.
[56]
Attorney-General's Department, answers to questions on notice, L and C
committee inquiry into the CCC bill, p. 25.
[57]
Attorney-General's Department, answers to questions on notice, L and C
committee inquiry into the CCC bill, p. 26.
[58]
Attorney-General's Department, answers to questions on notice, L and C
committee inquiry into the CCC bill, p. 26.
[59]
Attorney-General's Department, answers to questions on notice, L and C
committee inquiry into the CCC bill, p. 26.
[60]
In the UK, the statement of facts is treated as an admission of fact by
the corporation in any criminal proceedings brought against a corporation for
the offences specified in the DPA. See s. 10 of the Criminal Justice
Act 1967 (UK) and Schedule 17, s.13 of the Crime and Courts Act 2013
(UK).
[61]
CCC bill, Schedule 2, new ss. 17H(5).
[62]
Attorney-General's Department, Proposed model for a deferred
prosecution agreement scheme in Australia, 2017, p. 16, https://www.ag.gov.au/Consultations/Pages/Proposed-model-for-a-deferred-prosecution-agreement-scheme-in-australia.aspx
(accessed 4 January 2018).
[63]
International Bar Association's Anti-Corruption Committee, Submission 2
to the L and C committee inquiry into CCC bill, p. 3.
[64]
International Bar Association's Anti-Corruption Committee, Submission 2
to the L and C committee inquiry into CCC bill, p. 4.
[65]
Attorney-General's Department, answers to questions on notice, L and C
committee inquiry into the CCC bill, p. 28.
[66]
Attorney-General's Department, answers to questions on notice, L and C
committee inquiry into the CCC bill, p. 28.
[67]
Attorney-General's Department, answers to questions on notice, L and C
committee inquiry into the CCC bill, p. 28.
[68]
Attorney-General's Department, Proposed model for a deferred
prosecution agreement scheme in Australia, 2017, p. 11, https://www.ag.gov.au/Consultations/Pages/Proposed-model-for-a-deferred-prosecution-agreement-scheme-in-australia.aspx
(accessed 4 January 2018).
[69]
Attorney-General's Department, Proposed model for a deferred prosecution
agreement scheme in Australia, 2017, p. 12, https://www.ag.gov.au/Consultations/Pages/Proposed-model-for-a-deferred-prosecution-agreement-scheme-in-australia.aspx
(accessed 4 January 2018).
[70]
UK Serious Fraud Office and Crown Prosecution Service, Deferred
Prosecution Agreements Code of Practice, pp. 13–15, https://www.sfo.gov.uk/publications/guidance-policy-and-protocols/deferred-prosecution-agreements/
(accessed 9 March 2018).
[71]
UK Serious Fraud Office and Crown Prosecution Service, Deferred
Prosecution Agreements Code of Practice, pp. 13–15, https://www.sfo.gov.uk/publications/guidance-policy-and-protocols/deferred-prosecution-agreements/
(accessed 9 March 2018).
[72]
Morgan Lewis & Bockius LLP, Submission 3 to the L and C
committee inquiry into the CCC bill, p. 8.
[73]
Morgan Lewis & Bockius LLP, Submission 3 to the Land C
committee inquiry into the CCC bill, pp. 1 and 8.
[74]
Attorney-General's Department, answers to questions on notice, L and C committee
inquiry into the CCC bill, p. 33.
[75]
Attorney-General's Department, answers to questions on notice, L and C
committee inquiry into the CCC bill, p. 33.
[76]
Attorney-General's Department, Proposed model for a deferred
prosecution agreement scheme in Australia, 2017, pp. 16–17, https://www.ag.gov.au/Consultations/Pages/Proposed-model-for-a-deferred-prosecution-agreement-scheme-in-australia.aspx
(accessed 4 January 2018).
[77]
Australian Constitution, Chapter III.
[78]
Attorney-General's Department, Proposed model for a deferred
prosecution agreement scheme in Australia, 2017, p. 16, https://www.ag.gov.au/Consultations/Pages/Proposed-model-for-a-deferred-prosecution-agreement-scheme-in-australia.aspx
(accessed 4 January 2018).
[79]
Attorney-General's Department, answers to questions on notice, L and C
committee inquiry into the CCC bill, p. 30.
[80]
Attorney-General's Department, Proposed model for a deferred
prosecution agreement scheme in Australia, 2017, p. 7, https://www.ag.gov.au/Consultations/Pages/Proposed-model-for-a-deferred-prosecution-agreement-scheme-in-australia.aspx
(accessed 4 January 2018).
[81]
Attorney-General's Department, Proposed model for a deferred
prosecution agreement scheme in Australia, 2017, p. 7, https://www.ag.gov.au/Consultations/Pages/Proposed-model-for-a-deferred-prosecution-agreement-scheme-in-australia.aspx
(accessed 4 January 2018).
[82]
AFP and CDPP Best Practice Guidelines, Self-reporting of foreign
bribery and related offending by corporations, 8 December 2017, https://www.cdpp.gov.au/sites/g/files/
net2061/f/20170812AFP-CDPP-Best-Practice-Guideline-on-self-reporting-of-foreign-bribery.pdf
(accessed 12 February 2018).
[83]
CDPP, Best Practice Guideline: Self-reporting of foreign bribery and
related offending by corporations, 8 December 2017, https://www.cdpp.gov.au/sites/g/files/net2061/f/20170812AFP-CDPP-Best-Practice-Guideline-on-self-reporting-of-foreign-bribery.pdf
(accessed 13 March 2018).
[84]
International Bar Association's Anti-Corruption Committee, Submission 2,
L and C committee inquiry into CCC bill, p. 3.
[85]
AFP and CDPP Best Practice Guidelines, Self-reporting of foreign
bribery and related offending by corporations, 8 December 2017, p. 2,
paragraph 3, https://www.cdpp.gov.au/
sites/g/files/net2061/f/20170812AFP-CDPP-Best-Practice-Guideline-on-self-reporting-of-foreign-bribery.pdf
(accessed 12 February 2018).
[86]
Attorney-General's Department, answers to questions on notice, L and C
committee inquiry into the CCC bill, p. 25.
[87]
Attorney-General's Department, answers to questions on notice, L and C
committee inquiry into the CCC bill, p. 25.
[88]
Attorney-General's Department, answers to questions on notice, L and C
committee inquiry into the CCC bill, p. 25.
[89]
Attorney-General's Department, answers to questions on notice, L and C committee
inquiry into the CCC bill, p. 38.
Chapter 6 - Protecting whistleblowers who expose foreign bribery
[1]
See for example the Leighton Holdings Limited case example discussed in
Appendix 1.
[2]
Commonwealth Ombudsman, Agency Guide to the Public Interest
Disclosure Act 2013, April 2016, p. 2.
[3]
Simon Wolfe, Mark Worth, Suelette Dreyfus and A J Brown, Whistleblower
Protection Laws in G20 Countries: Priorities for Action, September 2014, p.
25, https://blueprintforfreespeech.net/wp-content/uploads/2015/09/Whistleblower-Protection-Laws-in-G20-Countries-Priorities-for-Action.pdf
(accessed 5 December 2017).
[4]
Australian Government, The Treasury, Review of tax and corporate
whistleblower protections in Australia 20 December 2016, p. 7,
https://treasury.gov.au/consultation/review-of-tax-and-corporate-whistleblower-protections-in-australia/
(accessed 20 March 2018).
[5]
Fair Work (Registered Organisations) Act 2009, Part 4A.
[6]
Australian Government, The Treasury, Review of tax and corporate
whistleblower protections in Australia 20 December 2016, p. 4,
https://treasury.gov.au/consultation/review-of-tax-and-corporate-whistleblower-protections-in-australia/
(accessed 20 March 2018).
[7]
Australian Government, The Treasury, Review of tax and corporate
whistleblower protections in Australia 20 December 2016, p. 4, https://treasury.gov.au/consultation/review-of-tax-and-corporate-whistleblower-protections-in-australia/
(accessed 20 March 2018).
[8]
Australian Government, The Treasury, Review of tax and corporate
whistleblower protections in Australia 20 December 2016, p. 5, https://treasury.gov.au/consultation/review-of-tax-and-corporate-whistleblower-protections-in-australia/
(accessed 20 March 2018).
[9]
Simon Wolfe, Mark Worth, Suelette Dreyfus and A J Brown, Whistleblower
Protection Laws in G20 Countries: Priorities for Action, September 2014, p.
25, https://blueprintforfreespeech.net/wp-content/uploads/2015/09/Whistleblower-Protection-Laws-in-G20-Countries-Priorities-for-Action.pdf
(accessed 5 December 2017).
[10]
The poor treatment of whistleblowers is not confined to instances of
foreign bribery. Indeed, the committee has observed the conduct and treatment
of whistleblowers within the financial services sector across many inquiries,
including: Senate Economics References Committee, The performance of the Australian
Securities Investments Commission (26 June 2017) and Scrutiny of
Financial Advice (30 June 2017).
[11]
Dr Kath Hall, Submission 9, p. 4.
[12]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, p. 27, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 4 January 2018).
[13]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, p. 27, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 4 January 2018).
[14]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, p. 27, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 4 January 2018).
[15]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, p. 27, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 4 January 2018).
[16] Cited by
Regnan, Submission 13, p. 3 (Where does Australia sit in the world of
whistleblowing?, Australian Institute of Company Directors, 1 March 2014, http://www.companydirectors.com.au/Director-Resource-Centre/Director-QA/Roles-Duties-and-Responsibilities/Where-doesAustralia-sit-in-the-world-of-whistleblowing).
[17]
Mr David Lehmann, Director, KordaMentha Forensic, Committee Hansard,
7 August 2017, p. 15.
[18]
Regnan, Submission 13, p. 9.
[19]
See, for example, the Leighton Holdings Limited case example discussed in
Appendix 1.
[20]
KordaMentha, Submission 22, p. 10.
[21]
SKINS, Submission 28, pp. 9 and 10.
[22]
SKINS, Submission 28, p. 10.
[23]
SKINS, Submission 28, p. 10.
[24]
Mr Nick McKenzie, Submission 43, p. 47.
[25]
Employment Rights Act 1996 (UK), Part IVA.
[26]
Employment Rights Act 1996 (UK), ss. 43B(1).
[27]
Foxley v GPT Special Project Management Pty Ltd., Employment
Tribunal, No. 22008793/2011 (12 August 2011).
[28]
UK Parliament, Banking Standards: Written evidence from Ian Foxley,
Lieutenant Colonel (retired), 24 August 2012, https://publications.parliament.uk/pa/jt201314/jtselect/jtpcbs/
27/27iv74.htm (accessed 15 March 2018).
[29]
UK Parliament, Banking Standards: Written evidence from Ian Foxley,
Lieutenant Colonel (retired), 24 August 2012, https://publications.parliament.uk/pa/jt201314/jtselect/jtpcbs/
27/27iv74.htm (accessed 15 March 2018).
[30]
Foxley v GPT Special Project Management Pty Ltd., Employment
Tribunal, No. 22008793/2011 (12 August 2011).
[31]
UK Parliament, Banking Standards: Written evidence from Ian Foxley,
Lieutenant Colonel (retired), 24 August 2012, https://publications.parliament.uk/pa/jt201314/jtselect/jtpcbs/
27/27iv74.htm (accessed 15 March 2018).
[32]
Serious Fraud Office, GPT Special Project Management Ltd, 28 April
2016, https://www.
sfo.gov.uk/cases/gpt-special-project-management-ltd// (accessed
6 December 2017).
[33]
OECD, Phase 3 Report on Implementing the OECD Anti-Bribery Convention
in the United Kingdom, March 2012, p. 55, http://www.oecd.org/daf/anti-bribery/UnitedKingdomphase3reportEN.pdf
(accessed 14 March 2018).
[34]
OECD, Phase 3 Report on Implementing the OECD Anti-Bribery Convention
in the United Kingdom, March 2012, p. 55, http://www.oecd.org/daf/anti-bribery/UnitedKingdomphase3reportEN.pdf
(accessed 14 March 2018).
[35]
International Bar Association Anti-Corruption Committee, Submission 6,
p. 36.
[36]
International Bar Association Anti-Corruption Committee, Submission 6,
p. 36.
[37]
See, for example, Regnan, Submission 13, p. 3; CPA Australia, Submission
18, p. 4.
[38]
BHP Billiton, Submission 37, p. 7.
[39]
Regnan, Submission 13, p. 3.
[40]
Professor Simon Bronitt, Professor Nikos Passas, Ms Wendy Pei and Ms Chloe
Widmaier, Submission 35, p. 13.
[41]
CPA Australia, Submission 18, p. 4.
[42]
CPA Australia, Submission 18, p. 4.
[43]
Flinders University, Submission 19, p. 3.
[44]
See, for example, Mr Nick McKenzie, Submission 43, p. 8.
[45]
See, for example, International Bar Association Anti-Corruption Committee,
Submission 6, p. 37; Governance Institute of Australia, Submission
14, p. 2.
[46]
Mr Robert Wyld, Co-Chair, Anti-Corruption Committee, International Bar
Association, Committee Hansard, 22 April 2016, pp. 19–20.
[47]
Committee Hansard, 22 April 2016, p. 20.
[48]
Governance Institute of Australia, Submission 14,
p. 2.
[49]
BHP Billiton, Submission 37, p. 7.
[50]
Publish What You Pay Australia and the Uniting Church in Australia, Synod
of Victoria and Tasmania, Submission 17, p. 3.
[51]
CCC bill, explanatory memorandum, p. 18.
[52]
CCC bill, new s. 70.5B.
[53]
Associate Professor Vivienne Brand, Submission 4, L and C committee
inquiry into the CCC bill, p. 2.
[54]
Associate Professor Vivienne Brand, Submission 4 to the L and C committee
inquiry into the CCC bill, pp. 2–3.
[55]
UK Ministry of Justice, The Bribery Act 2010: Guidance about procedures
which relevant corporations can put in place to prevent persons associated with
then from bribing (section 9 of the Bribery Act 2010), p. 22, paragraph
1.7, https://www.justice.gov.uk/downloads/
legislation/bribery-act-2010-guidance.pdf (accessed 14 March 2018).
[56]
UK Ministry of Justice, The Bribery Act 2010: Guidance about procedures
which relevant corporations can put in place to prevent persons associated with
then from bribing (section 9 of the Bribery Act 2010), p. 23, https://www.justice.gov.uk/downloads/legislation/bribery-act-2010-guidance.pdf
(accessed 14 March 2018).
[57]
UK Ministry of Justice, The Bribery Act 2010: Guidance about procedures
which relevant corporations can put in place to prevent persons associated with
then from bribing (section 9 of the Bribery Act 2010), p. 23, paragraph
2.3, https://www.justice.gov.uk/downloads/
legislation/bribery-act-2010-guidance.pdf (accessed 14 March 2018).
[58]
UK Ministry of Justice, The Bribery Act 2010: Guidance about procedures
which relevant corporations can put in place to prevent persons associated with
then from bribing (section 9 of the Bribery Act 2010), p. 23, paragraph
2.3, https://www.justice.gov.uk/downloads/
legislation/bribery-act-2010-guidance.pdf (accessed 14 March 2018).
[59]
Attorney-General's Department, answers to questions on notice, L and C committee
inquiry into the CCC bill, p. 15.
[60] House
Standing Committee on Legal and Constitutional Affairs, 2009, Inquiry into
whistleblowing protections within the Australian Government public sector,
p. vii-x.
[61]
Phillip Moss AM, Review of the Public Interest Disclosure Act 2013,
July 2016, p. 2.
[62]
Phillip Moss AM, Review of the Public Interest Disclosure Act 2013,
July 2016, pp. 6–7.
[63]
Phillip Moss AM, Review of the Public Interest Disclosure Act 2013,
July 2016, pp. 7–8.
[64]
Journals of the Senate, No. 22, 30 November 2016, p. 714.
[65] Whistleblower
protections, report of the Parliamentary Joint Committee on Corporations
and Financial Services, Whistleblower protections in the corporate, public and
not-for-profit sectors, September 2017, https://www.aph.gov.au/Parliamentary_Business/Committees/
Joint/Corporations_and_Financial_Services/WhistleblowerProtections
(accessed
13 March 2018).
[66]
Parliamentary Joint Committee on Corporations and Financial Services, Whistleblower
Protections, September 2017, p. ix, https://www.aph.gov.au/Parliamentary_Business/
Committees/Joint/Corporations_and_Financial_Services/WhistleblowerProtections
(accessed
13 March 2018).
[67]
Parliamentary Joint Committee on Corporations and Financial Services, Whistleblower
Protections, September 2017, pp. xiii–xx.
[68]
Minister for Revenue and Financial Services, The Hon. Kelly O'Dwyer, MP, Expert
advisory panel on whistleblower protections, 28 September 2017, http://kmo.ministers.treasury.gov.au/media-release/097-2017/ (accessed 15 March 2018).
[69]
Australian Government, The Treasury, Treasury Laws Amendment
(Whistleblowers) Bill 2017— Exposure Draft, https://consult.treasury.gov.au/market-and-competition-policy-division/whistleblowers-bill-2017/
(accessed 2 November 2017).
[70]
Department of the Treasury, Treasury Laws Amendment (Whistleblowers) Bill
2017—Exposure Draft, Published Responses, https://consult.treasury.gov.au/market-and-competition-policy-division/whistleblowers-bill-2017/
(accessed 21 February 2018).
[71]
In effect the bill does address the vast majority of the PJC’s 35
recommendations. The recommendations which are not addressed, as they pertain
to the private sector, are summarised in the EWP bill, explanatory memorandum,
pp. 10–11.
[72]
EWP bill, Schedule 3.
[73]
EWP bill, explanatory memorandum, pp. 65–66.
[74]
EWP bill, Schedule 1, item 2, new ss.1317AA(4).
[75]
EWP bill, explanatory memorandum, p. 23.
[76]
EWP bill, Schedule 1, item 2, new s. 1317AAD.
[77]
EWP bill, Schedule 1, item 2, new ss. 1317AA(4) and (5)
[78]
EWP bill, explanatory memorandum, p. 28.
[79]
EWP bill, Schedule 1, item 2, new ss. 1317AB(1).
[80]
EWP bill, explanatory memorandum, p. 33.
[81]
EWP bill, Schedule 1, item 9, new s. 1317AH.
[82]
EWP bill, Schedule 1, item 9, new s. 1317AI.
[83]
EWP bill, Schedule 1, items 10 and 11, new ss. 1317E(1) and 1317G(1G).
[84]
EWP bill, explanatory memorandum, pp. 65–66.
[85]
Senate Economics Legislation Committee, Treasury Laws Amendment
(Enhancing Whistleblower Protections) Bill 2017 (22 March 2017).
[86]
Senate Economics Legislation Committee, Treasury Laws Amendment
(Enhancing Whistleblower Protections) Bill 2017 (22 March 2017).
[87]
Senate Economics Legislation Committee, Treasury Laws Amendment
(Enhancing Whistleblower Protections) Bill 2017 (22 March 2017), pp. 29–37.
Chapter 7 - The facilitation payment defence
[1]
What constitutes a 'minor payment' and 'minor routine government action'
is conceptually complex and is discussed in more detail below. See the section
'A facilitation payment if distinct from a bribe'.
[2]
See, for example, Simon Bronitt, Nikos Passas, Wendy Pei and Chloe
Widmaier, Submission 35, p. 8.
[3]
Criminal Code Act 1995, ss. 70.2(4).
[4] King &
Wood Mallesons, Submission 11, p. 12.
[5]
See for example, BHP Billiton, Submission 37, p. 1; International
Bar Association
Anti-Corruption Committee, Submission 6, p. 41; and The Australian
Institute and Jubilee Australia, Submission 15, pp. 4–8.
[6]
OECD, Commentary on the Convention on Combating Bribery of Foreign
Public Officials in International Business Transactions, adopted by the
Negotiating Conference on
21 November 1997, paragraph 9, https://www.oecd.org/daf/anti-bribery/Conv
CombatBribery_ENG.pdf (accessed 19 February 2018).
[7]
OECD Recommendation of the Council for Further Combating Bribery of
Foreign Public Officials in International Business Transactions, p. 22, https://www.oecd.org/daf/anti-bribery/ConvCombatBribery_ENG.pdf
(accessed 19 February 2018).
[8]
OECD Guidelines for Multinational Enterprises, Section VII Combating
Bribery, Bribe Solicitation and Extortion, para 3, pp. 47–48, http://www.oecd.org/daf/inv/mne/48004323.pdf
(accessed 20 February 2018).
[9] APEC
Anti-corruption Code of Conduct for Business , September 2007, Guideline 3.C,
p. 1, https://www.apec.org/Publications/2007/09/APEC-Anticorruption-Code-of-Conduct-for-Business-September-2007
(accessed 20 February 2018).
[10] United
Nations Convention against Corruption, Article 16.1, https://www.unodc.org/
documents/brussels/UN_Convention_Against_Corruption.pdf (accessed 21 February
2018).
[11]
International Bar
Association Anti-Corruption Committee, Submission 6, p. 39.
[12]
Simon Bronitt, Nikos Passas, Wendy Pei and Chloe Widmaier, Submission
35, p. 9.
[13]
Transparency International Australia, Submission 31, p. 9; citing www.sfo.gov.uk/bribery--corruption/the-bribery-act/facilitation-payments.aspx.
[14] Associate Professor Cindy Davids, Submission 34,
p. 21.
[15]
International Bar Association Anti-Corruption Committee, Submission 6,
p. 39.
[16] Bill S-14; See
Simon Bronitt, Nikos Passas, Wendy Pei and Chloe Widmaier, Submission 35,
p. 10.
[17]
Government of Canada,
Canada repeals
facilitation payments exception in Corruption of Foreign Public Officials Act, https://www.canada.ca/en/global-affairs/news/2017/10/canada_repeals_facilitationpaymentsexceptionincorruptionofforeig.html (accessed
20 February 2018).
[18] 15 U.S.C. § 78dd-1(b).
[19]
15 U.S.C. § 78dd-1(f)(3)(A).
[20]
International Bar Association Anti-Corruption Committee, Submission 6, p. 39.
[21]
Simon Bronitt, Nikos Passas, Wendy Pei and Chloe Widmaier, Submission
35, pp. 9–10.
[22] United
States v Kay 359 F.3d 738 (5th Cir. 2004). The United States Court of
Appeals for the Fifth Circuit is a federal court with appellate jurisdiction
over 9 district courts in the federal judicial districts of Louisiana,
Mississippi and Texas.
[23]
Simon Bronitt, Nikos Passas, Wendy Pei and Chloe Widmaier, Submission
35, pp. 9–10.
[24]
International Bar Association Anti-Corruption Committee, Submission 6, p. 39.
[25]
Norton Rose Fulbright, Business ethics and anti-corruption world,
Publication Issue 2, February 2014, http://www.nortonrosefulbright.com/wissen/publications/113670/business-ethics-and-anti-corruption-world
(accessed 20 February 2018).
[26]
International Bar Association, Submission 6, pp. 41–42. The bill is
the Organised Crime and Anti-Corruption Legislation Bill, http://www.parliament.nz/en-nz/pb/legislation/bills/
00DBHOH_BILL56502_1/organised-crime-and-anti-corruption-legislation-bill (accessed
20 February 2018).
[27]
See Organised Crime
and Anti-Corruption Legislation Bill, paras. 105C(1)(c)(i) and (ii). http://www.parliament.nz/en-nz/pb/legislation/bills/00DBHOH_BILL56502_1/organised-crime-and-anti-corruption-legislation-bill (accessed 20 February 2018).
[28]
See Australian Government, Department of Foreign Affairs and Trade, Corruption,
http://dfat.gov.au/international-relations/themes/corruption/pages/corruption.aspx (accessed 20 February 2018) and National
Library of Australia, Australian Government Web Archive, Attorney-General's
Department Crime Prevention, A discussion paper assessing aspects of
Australia's foreign bribery laws launched on 15 November 2011, Bribery of
foreign public officials is a crime, http://webarchive.nla.gov.au/gov/20120316193242/http://www.
crimeprevention.gov.au/agd/WWW/ncphome.nsf/Page/Financial_Crime_Bribery_of_Foreign_Public_Officials
(accessed 21 February 2018).
[29]
International Bar Association Anti-Corruption Committee, Submission 6,
p. 41.
[30]
National Library of Australia, Australian Government Web Archive,
Attorney-General's Department Crime Prevention, Bribery of foreign public
officials, http://webarchive.nla.gov.au/gov/20130904121500/http://www.crimeprevention.gov.au/Financialcrime/Pages/Briberyofforeignpublicofficials.aspx
(accessed 21 February 2018). See for example the Australia-Africa Mining
Industry Group submission and the Australian Institute of Superannuation
Trustees submission.
[31]
National Library of Australia, Australian Government Web Archive,
Attorney-General's Department Crime Prevention, Bribery of foreign public
officials, http://webarchive.nla.gov.au/gov/20130904121500/http://www.crimeprevention.gov.au/Financialcrime/Pages/Briberyofforeignpublicofficials.aspx
(accessed 21 February 2018). See for example the Regnan submission and the
Australian Compliance Institute submission.
[32]
OECD Working Group on Bribery, Phase 3 Report on Implementing the OECD
Anti-Bribery Convention in Australia, October 2012, p. 10, http://www.oecd.org/daf/anti-bribery/Australiaphase3reportEN.pdf
(accessed 1 December 2017).
[33]
OECD Working Group on Bribery, Phase 3 Report on Implementing the OECD
Anti-Bribery Convention in Australia, October 2012, p. 11, http://www.oecd.org/daf/anti-bribery/Australiaphase3reportEN.pdf
(accessed 1 December 2017).
[34]
Parliament of Australia, Crimes Legislation Amendment (Powers, Offences
and Other Measures) Bill 2015, https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/
Bills_Search_Results/Result?bId=r5430 (accessed 20 February 2018).
[35]
Parliament of Australia, Crimes Legislation Amendment (Powers, Offences
and Other Measures) Bill 2015, https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/
Bills_Search_Results/Result?bId=r5430 (accessed 20 February 2018).
[36]
Attorney-General's Department, Proposed amendments to the foreign
bribery offence in the Criminal Code Act 1995, Public Consultation Paper,
April 2017, p. 4.
[37]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, p. 35, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 4 January 2018).
[38]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, p. 35, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 4 January 2018).
[39] Mr Tom
Sharp, Senior Legal Officer, Criminal Law Reform Section, Attorney-General's
Department, Committee Hansard, 31 October 2017, p. 49.
[40] Ms Kelly
Williams, Assistant Secretary, Criminal Law Policy Branch, Attorney-General's
Department, Committee Hansard, 31 October 2017, p. 49.
[41] Mr Shane
Kirne, Deputy Director and Practice Group Leader, Commercial, Financial and
Corruption Group, Commonwealth Director of Public Prosecutions, Committee
Hansard, 31 October 2017, p. 43.
[42] Mr Shane
Kirne, Deputy Director and Practice Group Leader, Commercial, Financial and
Corruption Group, Commonwealth Director of Public Prosecutions, Committee
Hansard, 31 October 2017, p. 43.
[43]
The Australia Institute and Jubilee Australia, Submission 15, p. 4.
[44]
The Australia Institute and Jubilee Australia, Submission 15, p. 8.
[45]
International Bar Association Anti-Corruption Committee, Submission 6, p. 41.
[46]
BHP Billiton, Submission
37, p. 1.
[47]
Associate Professor Cindy
Davids, Submission 34, pp. 21–22.
[48]
Australia–Africa
Mining Industry Group, Submission 7, p. 2.
[49]
Diaspora Legal, Submission 5, p. 5.
[50]
Diaspora Legal, Submission
5, p. 5.
[51]
Diaspora Legal, Submission
5, p. 6.
[52]
Mr Neville Tiffen, Submission
16, p. 10.
[53]
Law Society of South Australia, Submission 23, p. 2.
[54]
King & Wood Mallesons, Submission 11, pp. 2–3.
[55]
King & Wood
Mallesons, Submission 11, p. 13.
[56]
King & Wood
Mallesons, Submission 11, p. 13.
[57]
King & Wood
Mallesons, Submission 11, p. 13.
[58]
King & Wood
Mallesons, Submission 11, p. 14.
[59]
King & Wood
Mallesons, Submission 11, p. 14.
[60]
King & Wood Mallesons, Submission 11, p. 15; citing OECD
Working Group on Bribery, Phase 3 Report on Implementing the OECD
Anti-Bribery Convention in the United States (October 2010), p. 29, para. 94.
[61]
King & Wood Mallesons, Submission 11, p. 16.
[62]
Australia–Africa Mining Industry Group, Submission 7, p. 3.
[63]
Export Council of Australia, Submission 30, p. 3.
[64]
Export Council of Australia, Submission 30, p. 4.
[65]
Diaspora Legal, Submission 5, p. 5.
[66]
Diaspora Legal, Submission
5, p. 5.
[67] Mr Kane
Preston-Stanley, Submission 40, pp. 4–5 (emphasis in original).
[68]
Australia–Africa
Mining Industry Group, Submission 7, p. 4.
[69]
See, for example, Regnan, Submission 13; Control Risks, Submission
12; Mr Neville Tiffen, Submission 16.
[70]
Australia–Africa Mining Industry Group, Submission 7, p. 4.
[71]
Australia–Africa Mining Industry Group, Submission 7, p. 4.
[72]
Australia–Africa Mining Industry Group, Submission 7, p. 4.
[73]
Australia–Africa
Mining Industry Group, Submission 7, p. 3.
[74]
Australia–Africa Mining Industry Group, Submission 7, p. 4.
[75]
Australia–Africa Mining Industry Group, Submission 7, p. 3.
[76] Associate
Professor Cindy Davids, Submission
34, p. 24.
[77]
Associate Professor Cindy
Davids, Submission 34, p. 24.
[78]
Dr Mark Zirnsak, Director, Justice and International Mission, Synod of
Victoria and Tasmania, Uniting Church in Australia, Committee Hansard, 7
August 2017, p. 3.
[79]
Law Council of
Australia, Submission 10, p. 10.
[80]
Mr Mark Pulvirenti, Partner, Control Risks, Committee Hansard, 7
August 2017, p. 28.
[81]
Mr Mark Pulvirenti, Committee Hansard, 7 August 2017, p. 29.
[82] Mr Robert
Wyld, Johnson Winter & Slattery; and Immediate Past Co-Chair, International
Bar Association Anti-Corruption Committee, Committee Hansard, 7 August
2017, p. 39.
[83]
Mr Neville Tiffen, Private capacity, Committee Hansard, 31 October
2017, p. 3.
[84]
International Bar Association Anti-Corruption Committee, Submission 6,
p. 41.
[85]
Regnan, Submission 13, p. 2. See also Control Risks, Submission
12, p. 2; Mr Neville Tiffen, Submission 16, p. 9; CPA Australia,
Submission 18, p. 4; GRC Institute, Submission 1, p. 6.
[86] Transparency International
Australia, Submission 31, p. 9.
[87]
International Bar Association Anti-Corruption Committee, Submission 6,
p. 41, citing 'Corruption', an address by The Honourable Terence Cole AO RFD QC
to the 6th National Investigations Symposium, 2 November 2006, pp. 2–3 and 7.
[88]
International Bar Association Anti-Corruption Committee, Submission 6,
p. 41.
[89]
KordaMentha, Submission 22, p. 9; citing Guidance on the UK Bribery
Act 2010 issued by the UK Ministry of Justice (March 2011), p. 18.
[90]
Woodside Petroleum Ltd,
Submission 4¸ p. 2. See also Mr David Wildman, FTI Consulting, Submission
38, p. 5.
[91]
Woodside Petroleum Ltd, Submission 4¸ p. 2.
[92]
Control Risks, Submission 12, p. 2.
[93]
Transparency International Australia, Submission 31, p. 9.
[94]
Simon Bronitt, Nikos Passas, Wendy Pei and Chloe Widmaier, Submission
35, p. 12.
[95]
Mr David Wildman, FTI Consulting, Submission 38, p. 5.
[96]
The Australia Institute and Jubilee Australia, Submission 15, p. 3.
[97]
KordaMentha, Submission 22, p. 9.
[98]
Assoiciate Professor Cindy Davids, Submission 34, p. 23. See also
Uniting Church in Australia Synod of Victoria and Tasmania and Publish What you
Pay Australia, Submission 17, p. 2.
[99]
Dr Mark Zirnsak, Director, Justice and International Mission, Synod of
Victoria and Tasmania, Uniting Church in Australia, Committee Hansard, 7
August 2017, p. 2.
[100] Regnan, Submission 13,
p. 2.
[101] Mr Neville Tiffen, Submission
16, p. 10.
[102] Attorney-General's
Department, Submission 32, p. 25.
[103] Woodside Petroleum Ltd, Submission
4¸ p. 2.
[104] Dr Mark Zirnsak, Director, Justice
and International Mission, Synod of Victoria and Tasmania, Uniting Church in
Australia, Committee Hansard, 7 August 2017, p. 3.
[105] OECD Recommendation of the
Council for Further Combating Bribery of Foreign Public Officials in
International Business Transactions, p. 22, Recommendation 6, https://www.oecd.
org/daf/anti-bribery/ConvCombatBribery_ENG.pdf (accessed 19 February 2018).
[106] Simon Bronitt, Nikos Passas,
Wendy Pei and Chloe Widmaier, Submission 35, p. 9.
[107] Control Risks, Submission
12, p. 8.
[108] Woodside Petroleum Ltd, Submission
4¸ p. 2.
[109] BHP Billiton, Submission
37, pp. 6–7.
[110] Control Risks, Submission
12, p. 2. See also Regnan, Submission 13, p. 2; Mr Neville Tiffen, Submission
16, pp. 3, 10.
[111] BHP Billiton, Submission
37, p. 7.
[112] Mr Neville Tiffen, Submission
16, pp. 3, 10; Transparency International Australia, Submission 31,
p. 9.
[113] Mr David Wildman, FTI Consulting, Submission
38, p. 5.
[114] Transparency International
Australia, Submission 31, p. 9.
[115] See, for example, Uniting
Church in Australia Synod of Victoria and Tasmania and Publish What you Pay
Australia, Submission 17, p. 4.
Chapter 8 - Other reform options
[1]
Australian Government, The Treasury, Increasing transparency of the
beneficial ownership of companies: Consultation Paper, February 2017, p. 1,
https://treasury.gov.au/consultation/
increasing-transparency-of-the-beneficial-ownership-of-companies/ (accessed
12 January 2018).
[2]
Australian Government, The Treasury, Increasing transparency of the
beneficial ownership of companies: Consultation Paper, February 2017, p. 1,
https://treasury.gov.au/consultation/
increasing-transparency-of-the-beneficial-ownership-of-companies/ (accessed
12 January 2018).
[3]
Department of Prime Minister and Cabinet, 1.2—Beneficial ownership
transparency, https://ogpau.pmc.gov.au/commitment/12-beneficial-ownership-transparency
(accessed 27 November 2017).
[4]
Chartered Accountants Australia and New Zealand, Submission to the
Treasury consultation on Increasing Transparency of the Beneficial Ownership of
Companies, March 2017, p. 7, https://treasury.gov.au/consultation/increasing-transparency-of-the-beneficial-ownership-of-companies/
(accessed 26 February 2018).
[5]
Australian Government, Department of the Prime Minister and Cabinet,
Open Government Partnership Australia: 1.2—Beneficial ownership transparency,
https://ogpau.pmc.gov.au/
commitment/12-beneficial-ownership-transparency (accessed 22 March 2018).
[6] Australian
Government, The Treasury, FOI 2075—Documents, pp. 26–27, https://static.
treasury.gov.au/uploads/sites/1/2017/06/FOI_2075_Document_3.pdf (accessed
22 March 2018).
[7]
Australian Government, The Treasury, FOI 2075—Documents, https://static.treasury.gov.au/
uploads/sites/1/2017/06/FOI_2075_Document_3.pdf (accessed 22 March 2018).
[8]
Dr Mark Zirnsak, Director, Justice and International Mission, Synod of
Victoria and Tasmania, Uniting Church in Australia, Committee Hansard, 7
August 2017, p. 1.
[9]
Dr Mark Zirnsak, Director, Justice and International Mission, Synod of
Victoria and Tasmania, Uniting Church in Australia, Committee Hansard, 7
August 2017, p. 5.
[10]
Mr Nick McKenzie, Private capacity, Committee Hansard, 7 August
2017, p. 11.
[11]
See, for example, the following submissions to the Treasury consultation
on Increasing Transparency of the Beneficial Ownership of Companies:
Transparency International Australia, Tax Justice Network Australia, Nook
Studios, Dr Madeleine Roberts, and Institute of Public Accountants, March 2017 https://treasury.gov.au/consultation/increasing-transparency-of-the-beneficial-ownership-of-companies/
(accessed 26 February 2018).
[12]
Action Aid, Submission to the Treasury consultation on Increasing
Transparency of the Beneficial Ownership of Companies, March 2017, p. 2, https://treasury.gov.au/
consultation/increasing-transparency-of-the-beneficial-ownership-of-companies/
(accessed 26 February 2018).
[13]
Publish What You Pay Australia, Submission to the Treasury
consultation on Increasing Transparency of the Beneficial Ownership of
Companies, March 2017, p. 8, https://treasury.gov.au/consultation/increasing-transparency-of-the-beneficial-ownership-of-companies/
(accessed 26 February 2018).
[14]
The B Team, Submission to the Treasury consultation on Increasing
Transparency of the Beneficial Ownership of Companies, March 2017, p. 1, https://treasury.gov.au/
consultation/increasing-transparency-of-the-beneficial-ownership-of-companies/
(accessed
26 February 2018).
[15]
The B Team, Submission to the Treasury consultation on Increasing
Transparency of the Beneficial Ownership of Companies, March 2017, p. 2, https://treasury.gov.au/
consultation/increasing-transparency-of-the-beneficial-ownership-of-companies/
(accessed 26 February 2018).
[16]
Dr David Chaikin, Submission to the Treasury consultation on Increasing
Transparency of the Beneficial Ownership of Companies, March 2017, p. 4, https://treasury.gov.au/consultation/
increasing-transparency-of-the-beneficial-ownership-of-companies/ (accessed
26 February 2018).
[17]
United Kingdom Government, PSC requirements for companies and limited
liability partnerships, https://www.gov.uk/government/publications/guidance-to-the-people-with-significant-control-requirements-for-companies-and-limited-liability-partnerships
(accessed 15 January 2018).
[18]
Mr Michael Ahrens, Director, Transparency International Australia, Committee
Hansard, 7 August 2017, p. 25.
[19]
Australian Government, The Treasury, Increasing transparency of the
beneficial ownership of companies: Consultation Paper, February 2017, p.
15, https://treasury.gov.au/consultation/
increasing-transparency-of-the-beneficial-ownership-of-companies/ (accessed
12 January 2018).
[20]
Dr Mark Zirnsak, Director, Justice and International Mission, Synod of
Victoria and Tasmania, Uniting Church in Australia, Committee Hansard, 7
August 2017, p. 5.
[21]
Mr Michael Ahrens, Director, Transparency International Australia, Committee
Hansard, 7 August 2017, p. 25.
[22]
See, for example, submissions to the Treasury consultation on a register
of beneficial ownership by Tax Justice Network Australia and The Law Council of
Australia, March 2017, https://treasury.gov.au/consultation/increasing-transparency-of-the-beneficial-ownership-of-companies/
(accessed 26 February 2018).
[23] Australian
Government, Department of Finance, Policy and Legislation, Matters dealt
with by the Department, https://www.finance.gov.au/policy-legislation.html
(accessed 22 January 2018).
[24]
Australian Government, Department of Finance, Commonwealth Procurement
Rules: Achieving value for money, 1 January 2018, https://www.finance.gov.au/sites/default/files/
commonwealth-procurement-rules-1-jan-18.pdf (accessed 22 January 2018).
[25]
Australian Government, Department of Finance, Commonwealth Procurement
Rules: Achieving value for money, 1 January 2018, p. 6, https://www.finance.gov.au/sites/default/files/
commonwealth-procurement-rules-1-jan-18.pdf (accessed 22 January 2018).
[26]
Australian Government, Department of Finance, Commonwealth Procurement
Rules: Achieving value for money, 1 January 2018, p. 15, https://www.finance.gov.au/sites/
default/files/commonwealth-procurement-rules-1-jan-18.pdf (accessed 22
January 2018).
[27] Ms Kelly
Williams, Assistant Secretary, Criminal Law Reform Section, Attorney-General's
Department, Committee Hansard, 31 October 2017, p. 49.
[28] Mr Tom
Sharp, Senior Legal Officer, Criminal Law Reform Section, Attorney-General's
Department, Committee Hansard, 31 October 2017, pp. 49–50.
[29]
OECD Working Group on Bribery, Phase 3 Report on Implementing the OECD
Anti-Bribery Convention in Australia, October 2012, p. 46, http://www.oecd.org/daf/anti-bribery/Australiaphase3reportEN.pdf
(accessed 1 December 2017).
[30]
OECD Working Group on Bribery, Phase 3 Report on Implementing the OECD
Anti-Bribery Convention in Australia, October 2012, p. 46, http://www.oecd.org/daf/anti-bribery/Australiaphase3reportEN.pdf
(accessed 1 December 2017).
[31]
OECD Working Group on Bribery, Australia: Follow up to the Phase 3
Report & Recommendations, April 2015, p. 35, www.oecd.org/daf/anti-bribery/Australia-Phase-3-Follow-up-Report-ENG.pdf
(accessed 28 February 2018).
[32]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, 15 December 2017, p.46, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 1 January 2018).
[33] Which
reiterates the 2006 OECD Phase 2 Recommendation 6(b) See OECD Working Group on
Bribery, Australia: Phase 2 Report on the application of the Convention on
Combating Bribery of Foreign Public Officials in International Business
Transactions and the 1997 Recommendation on Combatting Bribery in International
Business Transactions, 4 January 2006, http://www.oecd.org/daf/anti-bribery/anti-briberyconvention/35937659.pdf
(accessed 20 March 2018).
[34]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, 15 December 2017, p. 46, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 1 January 2018).
[35] See, for
example, Mr Neville Tiffen, Submission 16, p. 3; Associate Professor
Cindy Davids, Submission 34, pp. 8–9.
[36]
Mr Neville Tiffen, Submission 46, p. 6.
[37]
Transparency International Australia, Submission 31, p. 8.
[38]
Mr Neville Tiffen, Private capacity, Committee Hansard, 31 October 2017,
p. 3.
[39]
International Bar Association Anti-Corruption Committee, Submission 6,
p. 25.
[40]
Mr Kane Preston-Stanley, Submission 40, pp. 7–8.
[41]
Dr Mark Zirnsak, Director, Justice and International Mission, Synod of
Victoria and Tasmania, Uniting Church in Australia, Committee Hansard, 7
August 2017, p. 4.
[42]
Transparency International Australia, Submission 31, p. 8.
[43]
Federal Acquisition Regulation 48 CFR Part 9 § 9.406-2.
[44]
Federal Acquisition Regulation 48 CFR Part 9 § 9.406-1.
[45]
The World Bank, Sanctions & Compliance, http://www.worldbank.org/en/about/unit/integrity-vice-presidency/sanctions-compliance
(accessed 22 January 2018).
[46]
The World Bank, Sanctions & Compliance, http://www.worldbank.org/en/about/unit/integrity-vice-presidency/sanctions-compliance
(accessed 22 January 2018).
[47] The World
Bank, World Bank Listing of Ineligible Firms & Individuals,
http://web.worldbank.org/external/default/main?theSitePK=84266&contentMDK=64069844&menuPK=116730&pagePK=64148989&piPK=64148984
(accessed 23 January 2018).
[48] Publish What
You Pay Australia and the Uniting Church in Australia, Synod of Victoria and
Tasmania, Submission 17, p. 24.
[49]
OECD Working Group on Bribery, Australia: Phase 2: Report on the
application of the convention on combatting corporate bribery of foreign public
officials in international business transaction and the 1997 recommendations on
combatting crime in international business transactions, January 2006, p.
53, http://www.oecd.org/corruption/anti-bribery/anti-briberyconvention/35937659.pdf
(accessed 26 February 2018).
[50]
Mr Nick McKenzie, Submission 43, p. 45.
[51]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, 15 December 2017, p. 55, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 11 January 2018).
[52]
Mr Tim Game SC, Co-Chair, National Criminal Law Committee, Law Council of
Australia, Committee Hansard, 7 August 2017, p. 44.
[53]
Mr Neville Tiffen, Private capacity, Committee Hansard, 31 October
2017, p. 6.
[54]
Mr Neville Tiffen, Private capacity, Committee Hansard, 31 October
2017, p. 1.
[55]
Mrs Rebecca Davies, Director, Transparency International Australia, Committee
Hansard, 7 August 2018, p. 21.
[56]
Mr David Lehmann, Director, KordaMentha Forensic, Committee Hansard,
7 August 2017, p. 18.
[57]
Commander Tim Crozier, Manager, Criminal Assets, Fraud and Anti-Corruption,
Australian Federal Police, Committee Hansard, 31 October 2017, pp. 43–44.
[58]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, 15 December 2017, p. 55, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 11 January 2018).
[59]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, 15 December 2017, p. 54, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 11 January 2018).
[60]
Mr Chris Savundra, Chief Legal Officer, Australian Securities and
Investments Commission, Committee Hansard, 31 October 2017, p. 25.
[61]
Mr Chris Savundra, Chief Legal Officer, Australian Securities and
Investments Commission, Committee Hansard, 31 October 2017, p. 40.
[62] Mr Shane
Kirne, Deputy Director and Practice Group Leader, Commercial, Financial and
Corruption Group, Commonwealth Director of Public Prosecutions, Committee
Hansard, 31 October 2017, p. 28.
[63]
Mr Shane Kirne, Deputy Director and Practice Group Leader, Commercial,
Financial and Corruption Group, Commonwealth Director of Public Prosecutions, Committee
Hansard, 31 October 2017, p. 28.
[64]
Mr Shane Kirne, Deputy Director and Practice Group Leader, Commercial,
Financial and Corruption Group, Commonwealth Director of Public Prosecutions,
Committee Hansard, 31 October 2017, p. 40.
[65]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, 15 December 2017, p. 50, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 11 January 2018).
[66]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, 15 December 2017, p. 51, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 11 January 2018).
[67]
OECD Working Group on Bribery, Implementing the OECD Anti-bribery
Convention, Phase 4 report: Australia, 15 December 2017, p. 51, https://www.oecd.org/corruption/anti-bribery/Australia-Phase-4-Report-ENG.pdf
(accessed 11 January 2018).
[68]
AFP and CDPP Best Practice Guidelines, Self-reporting of foreign
bribery and related offending by corporations, 8 December 2017, https://www.cdpp.gov.au/sites/g/files/
net2061/f/20170812AFP-CDPP-Best-Practice-Guideline-on-self-reporting-of-foreign-bribery.pdf
(accessed 12 February 2018).
[69]
DLA Piper, Greater clarity on self-reporting foreign bribery offences:
Regulatory Update, 30 January 2018, https://www.dlapiper.com/en/australia/insights/publications/2018/01/greater-clarity-on-self-reporting-foreign-bribery-offences/
(accessed 26 February 2018).
[70]
DLA Piper, Foreign Bribery, The inquiry, Briefing paper on the Senate
inquiry into Australia's foreign bribery regime, October 2015, https://connect.dlapiper.com/RS/emsdocuments/Publications/Foreign_Bribery_The_Inquiry_October_2015_LR.pdf (accessed
26 February 2018).
[71]
Allens Linklaters, International business obligations, Focus: Best
practice guidelines for self-reporting of foreign bribery, 9 February 2018,
https://www.allens.com.au/mobile/page.
aspx?page=/pubs/ibo/foibo9feb18.htm (accessed 26 February 2018).
[72]
Allens Linklaters, International business obligations, Focus: Best
practice guidelines for self-reporting of foreign bribery, 9 February 2018,
https://www.allens.com.au/mobile/page.
aspx?page=/pubs/ibo/foibo9feb18.htm (accessed 26 February 2018).
[73]
Herbert Smith Freehills, Legal Briefings, New Australian Guidelines for
self-reporting foreign bribery,7 February 2018, https://www.herbertsmithfreehills.com/latest-thinking/new-australian-guidelines-for-self-reporting-foreign-bribery
(accessed 26 February 2018).
[74]
AFP and CDPP Best Practice Guidelines, Self-reporting of foreign
bribery and related offending by corporations, 8 December 2017, p. 2,
paragraph 3, https://www.cdpp.gov.au/sites/g/files/net2061/f/20170812AFP-CDPP-Best-Practice-Guideline-on-self-reporting-of-foreign-bribery.pdf
(accessed 12 February 2018).
Appendix 1 - Examples of foreign bribery involving Australian entities
[1]
United Nations, Security Council Resolutions, Resolution 661:
Iraq-Kuwait (6 August 1990) http://daccess-ods.un.org/access.nsf/Get?Open&DS=S/RES/661%20(1990)&Lang=E&Area
=RESOLUTION (accessed 14 March 2018).
[2]
United Nations, Office of the Iraq Programme: Oil-for-Food, 4
November 2003, http://www.un.org/Depts/oip/background/
(accessed 15 March 2018).
[3]
Hon Terence RH Cole, Report of the Inquiry into certain Australian
companies in relation to the UN Oil-for-Food Programme, vol 1, November
2006, p. 38, https://web.archive.org/web/20070830174503/http:/www.offi.gov.au/agd/WWW/unoilforfoodinquiry.nsf/Page/Report
(accessed 15 March 2018).
[4]
Independent Inquiry Committee into the United Nations Oil-for-Food
Programme, Report on Programme Manipulation, 27 October 2005, p. 4, http://dpl/Books/2005/IIC_
ManipulationOilForFood.pdf (accessed 15 March 2018).
[5]
Hon Terence RH Cole, Report of the Inquiry into certain Australian
companies in relation to the UN Oil-for-Food Programme, vol 1, November
2006, p. xxxii, https://web.archive.org/web/20070830174503/http:/www.offi.gov.au/agd/WWW/unoilforfoodinquiry.nsf/Page/Report
(accessed 15 March 2018).
[6]
Commonwealth Director of Public Prosecutions, Submission 39, p. 3
(emphasis in original).
[7]
Mr Nick McKenzie, Submission 43, p. 16.
[8]
Four Corners, Cover Up, 30 September 2013, http://www.abc.net.au/4corners/
stories/2013/09/30/3857148.htm (accessed 16 March 2018); OECD Working
Group on Bribery, Phase 3 Report on Implementing the OECD Anti-Bribery
Convention in Australia, October 2012, p. 8.
[9]
Parliamentary Joint Committee on the Australian Commission for Law
Enforcement Integrity, Integrity of overseas Commonwealth law enforcement
operations, June 2013, pp. 9–10.
[10]
Parliamentary Joint Committee on the Australian Commission for Law
Enforcement Integrity, Integrity of overseas Commonwealth law enforcement
operations, June 2013, p. 10.
[11]
Parliamentary Joint Committee on the Australian Commission for Law
Enforcement Integrity, Integrity of overseas Commonwealth law enforcement
operations, June 2013, pp. 10–11.
[12]
OECD Working Group on Bribery, Phase 3 Report on Implementing the OECD Anti-Bribery
Convention in Australia, October 2012, p. 8.
[13]
Mr Neville Tiffen, Submission 16, p. 10; Mr Nick McKenzie, Submission
43, pp. 13–14.
[14]
Mr Nick McKenzie, Submission 43, p. 13.
[15]
Mr Nick McKenzie, Private capacity, Committee Hansard, 7 August 2017,
p. 8.
[16]
UK Serious Fraud Office, News Releases, Former securency manager convicted
of corruption, 11 May 2016, https://www.sfo.gov.uk/2016/05/11/former-securency-manager-convicted-corruption/
(accessed 5 March 2018).
[17]
UK Serious Fraud Office, Case Information, Securency PTY Ltd, 31 March
2017, https://www.sfo.gov.uk/cases/securency-pty-ltd/
(accessed 5 March 2018).
[18]
UK Serious Fraud Office, Case Information, Securency PTY Ltd, 31 March
2017, https://www.sfo.gov.uk/cases/securency-pty-ltd/
(accessed 5 March 2018). Serving a sentence 'on licence' means that the for the
sentence period the prisoner must obey certain conditions.
[19]
Mr Robert Wyld, Johnson Winter & Slattery, Foreign Bribery Update —
May 2016, May 2016, https://www.jws.com.au/en/acumen/item/775-foreign-bribery-update-may-2016
(accessed 5 March 2018).
[20]
Mr Robert Wyld, Johnson Winter & Slattery, Foreign Bribery Update —
May 2016, May 2016, https://www.jws.com.au/en/acumen/item/775-foreign-bribery-update-may-2016
(accessed 5 March 2018).
[21]
Supreme Court Victoria, Supreme Court List for Wednesday 31 January
2018,
31 January 2018, see R v Christian Boillot, R v John Leckenby and
R v Barry Thomas Brady, https://www.supremecourt.vic.gov.au/sites/default/files/embridge_cache/emshare/original/public/2018/02/f0/e8035e0f4/scvdailylistforwednesday31january2018.pdf
(accessed 6 March 2018).
[22]
See, for example, Law Council of Australia, Submission 10, p. 11.
[23]
See, for example, Mr Nick McKenzie, Submission 43, p. 1.
[24]
SKINS, Submission 28, p. 6. See also Peter Rolfe, Australian
whistle-blower Bonita Mersiades says Sepp Blatter shouldn’t be allowed to
restructure FIFA, 5 June 2015, http://www.heraldsun.com.au/sport/football/australian-whistleblower-bonita-mersiades-says-sepp-blatter-shouldnt-be-allowed-to-restructure-fifa/news-story/95a49a8c26cf3288aad1fca861294205
(accessed 21 April 2016).
[25]
ABC and wires, FIFA corruption: FFA chairman Frank Lowy wants Senate
inquiry to prove Australia's 2022 World Cup bid was clean, 9 June 2015, http://www.radioaustralia.net.au/international/2015-06-09/fifa-corruption-ffa-chairman-frank-lowy-wants-senate-inquiry-to-prove-australias-2022-world-cup-bid-/1456616
(Accessed 20 April 2016).
[26]
Ed Thomas, Fifa corruption: Document show details of Jack Warner
'bribes', 7 June 2015, http://www.bbc.com/news/world-latin-america-33039014
(accessed 20 April 2016).
[27]
Football Federation of Australia, Final Report, p. 29 of 38,
(accessed 23 February 2016).
[28]
SKINS, Submission 28, pp. 4–5. See also Peter Rolfe, Australian
whistle-blower Bonita Mersiades says Sepp Blatter shouldn’t be allowed to
restructure FIFA, 5 June 2015, http://www.heraldsun.com.au/sport/football/australian-whistleblower-bonita-mersiades-says-sepp-blatter-shouldnt-be-allowed-to-restructure-fifa/news-story/95a49a8c26cf3288
aad1fca861294205 (accessed 21 April 2016).
[29]
Australia-Africa Mining Industry Group, Submission 7, p. 3.
[30]
United States, Securities and Exchange Commission, SEC Charges BHP
Billiton with Violating FCPA at Olympic Games, 20 May 2015, https://www.sec.gov/news/pressrelease/2015-93.html
(accessed 5 March 2018).
[31]
United States Securities and Exchange Commission, Order Instituting
Cease-and-Desist Proceedings Pursuant to Section 21C of the Securities Exchange
Act of 1934, Making Findings, and Imposing a Cease-And-Desist Order, 20 May
2015, p. 7, https://www.sec.gov/litigation/admin/2015/34-74998.pdf
(accessed 5 March 2018).
[32] United
States Securities and Exchange Commission, Order Instituting
Cease-and-Desist Proceedings Pursuant to Section 21C of the Securities Exchange
Act of 1934, Making Findings, and Imposing a Cease-And-Desist Order, 20 May
2015, p. 9, https://www.sec.gov/litigation/admin/2015/34-74998.pdf
(accessed 5 March 2018).
[33]
United States Securities and Exchange Commission, Order Instituting
Cease-and-Desist Proceedings Pursuant to Section 21C of the Securities Exchange
Act of 1934, Making Findings, and Imposing a Cease-And-Desist Order, 20 May
2015, p. 9, https://www.sec.gov/litigation/admin/2015/34-74998.pdf
(accessed 5 March 2018).
[34]
United States Securities and Exchange Commission, Order Instituting
Cease-and-Desist Proceedings Pursuant to Section 21C of the Securities Exchange
Act of 1934, Making Findings, and Imposing a Cease-And-Desist Order, 20 May
2015, p. 9, https://www.sec.gov/litigation/admin/2015/34-74998.pdf
(accessed 5 March 2018).
[35]
United States Securities and Exchange Commission, Order Instituting
Cease-and-Desist Proceedings Pursuant to Section 21C of the Securities Exchange
Act of 1934, Making Findings, and Imposing a Cease-And-Desist Order, 20 May
2015, p. 10, https://www.sec.gov/litigation/admin/2015/34-74998.pdf
(accessed 5 March 2018).
[36]
Publish What You Pay
Australia and the Uniting Church in Australia, Synod of Victoria and Tasmania, Submission
17, p. 7.
[37]
Publish What You Pay
Australia and the Uniting Church in Australia, Synod of Victoria and Tasmania, Submission
17, p. 7; 7.30, Nauru President and Justice Minister face bribery
allegations involving Australian company, 8 June 2015, http://www.abc.net.au/7.30/content/2015/s4251115.htm (accessed 18 February 2018).
[38]
Publish What You Pay
Australia and the Uniting Church in Australia, Synod of Victoria and Tasmania, Submission
17, p. 7.
[39]
OECD Working Group on Bribery, Phase 3 Report on Implementing the OECD
Anti-Bribery Convention in Australia, October 2012, p. 24, http://www.oecd.org/daf/anti-bribery/
Australiaphase3reportEN.pdf (accessed 15 February 2018).
[40] Publish What You Pay Australia
and the Uniting Church in Australia, Synod of Victoria and Tasmania, Submission
17, p. 7; Maris Beck and Ben Butler, Police reopen OZ, Cochlear bribery
cases, 13 January 2013, http://www.smh.com.au/business/police-reopen-oz-cochlear-bribery-cases-20130112-2cmrt.html (accessed 18 February 2018).
[41]
ABC, Money trail from Australian phosphate company Getax leads to Nauru
minister David Adeang, 14 September 2016, http://www.abc.net.au/news/2016-09-14/australian-phosphate-company-getax-payments-to-nauru-minister/7838170
(accessed 5 March 2018).
[42]
SBS, Gupta's company under investigation for corruption in Australia,
India, 16 September 2016, https://www.sbs.com.au/yourlanguage/punjabi/en/article/
2016/09/16/guptas-company-under-investigation-corruption-australia-india
(accessed
5 March 2018); and ABC, Money trail from Australian phosphate company Getac
leads to Nauru minister David Adeang, http://www.abc.net.au/news/2016-09-14/australian-phosphate-company-getax-payments-to-nauru-minister/7838170
(accessed 5 March 2018).
[43]
Australian Federal Police, answers to questions on notice, Senate Standing
Committee on Legal and Constitutional Affairs estimates hearing on 17 October
2016, Question No. SBE16/011,
p. 2.
[44]
Douglas Gillison and Phann Ana, 'OZ Minerals Deal a Windfall for
Officials' Kin', The Cambodia Daily, 31 May 2011, https://www.cambodiadaily.com/news/oz-minerals-deal-a-windfall-for-officials-kin-101770/
(accessed 6 March 2018).
[45]
Douglas Gillison and Phann Ana, 'OZ Minerals Deal a Windfall for
Officials' Kin', The Cambodia Daily, 31 May 2011, https://www.cambodiadaily.com/news/oz-minerals-deal-a-windfall-for-officials-kin-101770/
(accessed 6 March 2018).
[46]
Douglas Gillison and Phann Ana, 'OZ Minerals Deal a Windfall for
Officials' Kin', The Cambodia Daily, 31 May 2011, https://www.cambodiadaily.com/news/oz-minerals-deal-a-windfall-for-officials-kin-101770/
(accessed 6 March 2018).
[47]
Douglas Gillison and Phann Ana, 'OZ Minerals Deal a Windfall for
Officials' Kin', The Cambodia Daily, 31 May 2011, https://www.cambodiadaily.com/news/oz-minerals-deal-a-windfall-for-officials-kin-101770/
(accessed 6 March 2018).
[48]
OECD Working Group on Bribery, Phase 3 Report on Implementing the OECD
Anti-Bribery Convention in Australia, October 2012, p. 23, http://www.oecd.org/daf/anti-bribery/
Australiaphase3reportEN.pdf (accessed 15 February 2018).
[49]
OECD Working Group on Bribery, Phase 3 Report on Implementing the OECD
Anti-Bribery Convention in Australia, October 2012, p. 23, http://www.oecd.org/daf/anti-bribery/
Australiaphase3reportEN.pdf (accessed 15 February 2018).
[50]
OZ Minerals, Annual Report 2014, p. 106, https://www.ozminerals.com/uploads/media/ozm-ar-2014-web-c2113c7f-2989-48f7-8400-e74c1b15dc8f-0.pdf
(accessed 15 February 2018).
[51]
OZ Minerals, Annual Report 2015, p. 25, http://www.ozminerals.com/uploads/media/
oz_minerals_ar2015_web.pdf (accessed 15 February 2018).
[52]
OZ Minerals, Annual Report 2017, p. 119, https://www.ozminerals.com/uploads/media/
OZMinerals_2017_Annual_and_Sustainability_Report.pdf (accessed 27 March
2018).
[53]
Nick McKenzie, Emmanuel Freudenthal, Michael Bachelard, and Richard Baker,
'Sundance Resources took risks in Congo business', Australian Financial
Review, 24 August 2016, http://www.afr.com/business/sundance-resources-took-risks-in-congo-business-20160824-gr04h2
(accessed 6 December 2017); Nick McKenzie and Emmanuel Freudenthal, 'Sundance
Resources, Snowy Mountain Engineering Co embroiled in bribery scandals in Sri
Lanka and Congo', Australian Broadcasting Corporation, 25 August 2016, http://www.abc.net.au/news
/2016-08-24/australian-companies-embroiled-in-bribery-scandals/7778324
(accessed 6 December 2017).
[54]
Now known as 'CIMIC Group Limited'.
[55]
See, for example, The Bribe Factory, Fairfax Media and Huffington
Post, [article not dated] http://www.theage.com.au/interactive/2016/the-bribe-factory/day-1/leighton-news.html
(accessed 6 March 2018).
[56]
Mr Stephen Sasse, Private capacity, Committee Hansard, 22 April
2016, p. 1.
[57]
Nick McKenzie and Richard Baker, Building giant Leighton rife with
corruption: claims,
3 October 2013, http://www.smh.com.au/business/building-giant-leighton-rife-with-corruption-claims-20131002-2ut2e.html
(accessed 12 February 2018). The type of currency was not specified in the
article.
[58]
Mr Stephen Sasse, Private capacity, Committee Hansard, 22 April
2016, p. 2.
[59]
Mr Stephen Sasse, Private capacity, Committee Hansard, 22 April
2016, p. 1.
[60]
Mr Stephen Sasse, Private capacity, Committee Hansard, 22 April
2016, p. 2.
[61]
Nick McKenzie and Richard Baker, Building giant Leighton rife with
corruption: claims,
3 October 2013, http://www.smh.com.au/business/building-giant-leighton-rife-with-corruption-claims-20131002-2ut2e.html
(accessed 12 February 2018).
[62]
Nick McKenzie and Richard Baker, Building giant Leighton rife with
corruption: claims,
3 October 2013, http://www.smh.com.au/business/building-giant-leighton-rife-with-corruption-claims-20131002-2ut2e.html
(accessed 12 February 2018).
[63]
Nick McKenzie and Richard Baker, Building giant Leighton rife with
corruption: claims,
3 October 2013, http://www.smh.com.au/business/building-giant-leighton-rife-with-corruption-claims-20131002-2ut2e.html
(accessed 12 February 2018).
[64]
Mr Ian McCartney, Acting Deputy Commissioner Operations, Australian
Federal Police, Committee Hansard, 22 April 2016, p. 24.
[65]
Mr Ian McCartney, Acting Deputy Commissioner Operations, Australian
Federal Police, Committee Hansard, 22 April 2016, p. 24.
[66] Mr George
Stogdale, Senior Executive, Corporations and Corporate Governance Enforcement,
Australian Securities and Investments Commission, Committee Hansard, 22
April 2016, p. 36.
[67]
ASIC, Media centre, 17-020MR Former Leighton employees charged, 31
January 2017, http://asic.gov.au/about-asic/media-centre/find-a-media-release/2017-releases/17-020mr-former-leighton-employees-charged/
(accessed 5 March 2018).
[68]
ASIC, Media centre, 17-020MR Former Leighton employees charged, 31
January 2017, http://asic.gov.au/about-asic/media-centre/find-a-media-release/2017-releases/17-020mr-former-leighton-employees-charged/
(accessed 5 March 2018).
[69]
Nick McKenzie and Richard Baker, Building giant Leighton rife with
corruption: claims,
3 October 2013, http://www.smh.com.au/business/building-giant-leighton-rife-with-corruption-claims-20131002-2ut2e.html
(accessed 12 February 2018).
[70]
Nick McKenzie and Michael Bachelard, 'Leightons' bribery ran into millions',
The Age, 31 March 2016, p. 9.
[71]
Nick McKenzie and Michael Bachelard, 'Leightons' bribery ran into millions',
The Age, 31 March 2016, p. 9.
[72]
Richard Baker and Nick McKenzie, 'Pressure mounts on ABC director over
handling of corruption red flags', The Age, 8 April 2016, p. 6.
[73]
Mr Stephen Sasse, Private capacity, Committee Hansard, 22 April
2016, p. 3.
[74]
Mr Stephen Sasse, Private capacity, Committee Hansard, 22 April
2016, p. 4.
[75]
Mr Stephen Sasse, Private capacity, Committee Hansard, 22 April
2016, p. 2.
[76]
CIMIC, Ethics, Compliance and Sustainability Committee Charter, 31
October 2017, p. 1, https://www.cimic.com.au/__data/assets/pdf_file/0016/3454/ECSC-Charter_Final.pdf
(accessed 5 March 2018).
[77]
CIMIC, Ethics, Compliance and Sustainability Committee Charter, 31
October 2017, p. 2, https://www.cimic.com.au/__data/assets/pdf_file/0016/3454/ECSC-Charter_Final.pdf
(accessed 5 March 2018).
[78]
CIMIC, Ethics, Compliance and Sustainability Committee Charter, 31
October 2017, p. 3, https://www.cimic.com.au/__data/assets/pdf_file/0016/3454/ECSC-Charter_Final.pdf
(accessed 5 March 2018).
[79]
CIMIC, Ethics, Compliance and Sustainability Committee Charter, 31
October 2017, p. 3, https://www.cimic.com.au/__data/assets/pdf_file/0016/3454/ECSC-Charter_Final.pdf
(accessed 5 March 2018).
[80]
Mr Stephen Sasse, Private capacity, Committee Hansard, 22 April
2016, p. 8.
[81]
CIMIC, Group Code of Conduct, 12 August 2015, reformatted 1
November 2016, p. 3, https://www.cimic.com.au/__data/assets/pdf_file/0018/3429/Group-Code-of-Conduct.pdf (accessed 4 March 2018).
[82]
CIMIC, Group Code of Conduct, 12 August 2015, reformatted 1
November 2016, pp. 1–2, https://www.cimic.com.au/__data/assets/pdf_file/0018/3429/Group-Code-of-Conduct.pdf
(accessed 4 March 2018).
[83]
Mr Stephen Sasse, Private capacity, Committee Hansard, 22 April
2016, p. 2.
[84]
Nick McKenzie and Michael Bachelard, 'The 'naively noble' man who could
not get his voice heard', Sydney Morning Herald, 28 August 2016, http://www.smh.com.au/business/the-naively-noble-man-who-could-not-get-his-voice-heard-20160824-gr0bu5.html
(accessed 6 December 2017).
Coalition Senators Additional Comments
[1]
Prime Minister Malcolm Turnbull MP, Boosting efforts to tackle foreign
bribery, 23 April 2016, http://www.malcolmturnbull.com.au/media/boosting-efforts-to-tackle-foreign-bribery
(accessed 28 March 2018).
[2]
OECD, The United Kingdom Phase 4 Report, 15 March 2017, p. 35, http://www.oecd.org/mwg-internal/de5fs23hu73ds/progress?id=R_fLwOYRO1ULrZNrMc
UCxQSwkHjAqmKm7IYGtdV60wA,&dl (accessed 28 March 2018).
[3]
Attorney-General's Department, answers to questions on notice, Senate
Legal and Constitutional Committee inquiry into the CCC bill 2017, p. 8.
[4]
See Criminal Code Act 1995, paras. 70.4(1)(a) and 70.4(1)(b).
[5]
See CCC bill, schedule 1.