Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 (5 of 2024)

Schedule 1   Amendments

Part 2   Other amendments

Income Tax Assessment Act 1997

11   Subsection 26-52(2)

Repeal the subsection, substitute:

(2) An amount is a bribe to a foreign public official to the extent that:

(a) you incur the amount in, or in connection with:

(i) providing a benefit to another person; or

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

(iii) offering to provide, or promising to provide, a benefit to another person; or

(iv) causing 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) you incur the amount with the intention of improperly influencing a *foreign public official (who may be the other person) in order to obtain or retain business or a business or personal advantage (whether or not for yourself).

The benefit may be any advantage and is not limited to property.