Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 7 - THE PROPER ADMINISTRATION OF GOVERNMENT  

Part 7.6 - Bribery and related offences  

Division 142 - Offences relating to bribery  

SECTION 142.1   Corrupting benefits given to, or received by, a Commonwealth public official   Giving a corrupting benefit

(1)  
A person commits 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 commits 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.




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