Criminal Code Act 1995 (Australia, unsourced)/Chapter 7/7.6

=Part 7.6—Bribery and related offences=

Division 140—Preliminary

140.1 Definition

In this Part:

benefit includes any advantage and is not limited to property.

140.2 Obtaining


 * (1) For the purposes of this Part, a person is taken to have obtained a benefit for another person if the first‑mentioned person induces a third person to do something that results in the other person obtaining the benefit.


 * (2) The definition of obtaining in section 130.1 does not apply to this Part.

Division 141—Bribery

141.1 Bribery of a Commonwealth public official

Giving a bribe


 * (1) A person is guilty of an offence if:


 * (a) the person dishonestly:


 * (i) provides a benefit to another person; or


 * (ii) causes a benefit to be provided to another person; or


 * (iii) offers to provide, or promises to provide, a benefit to another person; or


 * (iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and


 * (b) the person does so with the intention of influencing a public official (who may be the other person) in the exercise of the official’s duties as a public official; and


 * (c) the public official is a Commonwealth public official; and


 * (d) the duties are duties as a Commonwealth public official.

Penalty: Imprisonment for 10 years.


 * (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:


 * (a) that the official was a Commonwealth public official; or


 * (b) that the duties were duties as a Commonwealth public official.

Receiving a bribe


 * (3) A Commonwealth public official is guilty of an offence if:


 * (a) the official dishonestly:


 * (i) asks for a benefit for himself, herself or another person; or


 * (ii) receives or obtains a benefit for himself, herself or another person; or


 * (iii) agrees to receive or obtain a benefit for himself, herself or another person; and


 * (b) the official does so with the intention:


 * (i) that the exercise of the official’s duties as a Commonwealth public official will be influenced; or


 * (ii) of inducing, fostering or sustaining a belief that the exercise of the official’s duties as a Commonwealth public official will be influenced.

Penalty: Imprisonment for 10 years.

Geographical jurisdiction


 * (4) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against subsection (1) or (3).

Division 142—Offences relating to bribery

142.1 Corrupting benefits given to, or received by, a Commonwealth public official

Giving a corrupting benefit


 * (1) A person is guilty of an offence if:


 * (a) the person dishonestly:


 * (i) provides a benefit to another person; or


 * (ii) causes a benefit to be provided to another person; or


 * (iii) offers to provide, or promises to provide, a benefit to another person; or


 * (iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and


 * (b) the receipt, or expectation of the receipt, of the benefit would tend to influence a public official (who may be the other person) in the exercise of the official’s duties as a public official; and


 * (c) the public official is a Commonwealth public official; and


 * (d) the duties are duties as a Commonwealth public official.

Penalty: Imprisonment for 5 years.


 * (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:


 * (a) that the official was a Commonwealth public official; or


 * (b) that the duties were duties as a Commonwealth public official.

Receiving a corrupting benefit


 * (3) A Commonwealth public official is guilty of an offence if:


 * (a) the official dishonestly:


 * (i) asks for a benefit for himself, herself or another person; or


 * (ii) receives or obtains a benefit for himself, herself or another person; or


 * (iii) agrees to receive or obtain a benefit for himself, herself or another person; and


 * (b) the receipt, or expectation of the receipt, of the benefit would tend to influence a Commonwealth public official (who may be the first‑mentioned official) in the exercise of the official’s duties as a Commonwealth public official.

Penalty: Imprisonment for 5 years.

Benefit in the nature of a reward


 * (4) For the purposes of subsections (1) and (3), it is immaterial whether the benefit is in the nature of a reward.

142.2 Abuse of public office


 * (1) A Commonwealth public official is guilty of an offence if:


 * (a) the official:


 * (i) exercises any influence that the official has in the official’s capacity as a Commonwealth public official; or


 * (ii) engages in any conduct in the exercise of the official’s duties as a Commonwealth public official; or


 * (iii) uses any information that the official has obtained in the official’s capacity as a Commonwealth public official; and


 * (b) the official does so with the intention of:


 * (i) dishonestly obtaining a benefit for himself or herself or for another person; or


 * (ii) dishonestly causing a detriment to another person.

Penalty: Imprisonment for 5 years.


 * (2) A person is guilty of an offence if:


 * (a) the person has ceased to be a Commonwealth public official in a particular capacity; and


 * (b) the person uses any information that the person obtained in that capacity as a Commonwealth public official; and


 * (c) the person does so with the intention of:


 * (i) dishonestly obtaining a benefit for himself or herself or for another person; or


 * (ii) dishonestly causing a detriment to another person.

Penalty: Imprisonment for 5 years.


 * (3) Paragraph (2)(a) applies to a cessation by a person:


 * (a) whether or not the person continues to be a Commonwealth public official in some other capacity; and


 * (b) whether the cessation occurred before, at or after the commencement of this section.

142.3 Geographical jurisdiction

Section 15.4 (extended geographical jurisdiction—category D) applies to each offence against this Division.