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

Schedule 1   Amendments

Part 1   Main amendments

Criminal Code Act 1995

7   After subsection 70.3(2) of the Criminal Code

Insert:

(2A) A person does not commit an offence against section 70.2 if:

(a) the person's conduct occurred in relation to a foreign public official (the relevant foreign public official ); and

(b) the relevant foreign public official is covered by paragraph (m) of the definition of foreign public official in section 70.1 because the relevant foreign public official is a candidate to be a particular foreign public official (the substantive foreign public official ); and

(c) assuming that the first-mentioned person's conduct had occurred wholly in the place, the foreign country or the part of the foreign country, as the case may be, (the relevant place ) referred to in the item of the table in subsection (1) that would be applicable if the first-mentioned person's conduct had occurred in relation to the substantive foreign public official, a written law in force in the relevant place permits the provision of the benefit to the relevant foreign public official.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2A). See subsection 13.3(3).