Criminal Code Act 1995
Section 3
CHAPTER 4 - THE INTEGRITY AND SECURITY OF THE INTERNATIONAL COMMUNITY AND FOREIGN GOVERNMENTS[ CCH Note: Subdiv A heading will be inserted by No 5 of 2024, s 3 and Sch 1 item 1, applicable in relation to conduct engaged in on or after 8 September 2024. The heading will read:
]Subdivision A - Definitions
A person does not commit an offence against section 70.2 in the cases set out in the following table:
| Defence of lawful conduct | |||
| Item | In a case where the person ' s conduct occurred in relation to this kind of foreign public official... | and if it were assumed that the person ' s conduct had occurred wholly... | this written law requires or permits the provision of the benefit... |
| 1 | an employee or official of a foreign government body | in the place where the central administration of the body is located | a written law in force in that place |
| 2 | an individual who performs work for a foreign government body under a contract | in the place where the central administration of the body is located | a written law in force in that place |
| 3 | an individual who holds or performs the duties of an appointment, office or position under a law of a foreign country or of part of a foreign country | in the foreign country or in the part of the foreign country, as the case may be | a written law in force in the foreign country or in the part of the foreign country, as the case may be |
| 4 | an individual who holds or performs the duties of an appointment, office or position created by custom or convention of a foreign country or of part of a foreign country | in the foreign country or in the part of the foreign country, as the case may be | a written law in force in the foreign country or in the part of the foreign country, as the case may be |
| 5 | an individual who is otherwise in the service of a foreign government body (including service as a member of a military force or police force) | in the place where the central administration of the body is located | a written law in force in that place |
| 6 | a member of the executive, judiciary or magistracy of a foreign country or of part of a foreign country | in the foreign country or in the part of the foreign country, as the case may be | a written law in force in the foreign country or in the part of the foreign country, as the case may be |
| 7 | an employee of a public international organisation | in the place where the headquarters of the organisation is located | a written law in force in that place |
| 8 | an individual who performs work for a public international organisation under a contract | in the place where the headquarters of the organisation is located | a written law in force in that place |
| 9 | an individual who holds or performs the duties of a public office or position in a public international organisation | in the place where the headquarters of the organisation is located | a written law in force in that place |
| 10 | an individual who is otherwise in the service of a public international organisation | in the place where the headquarters of the organisation is located | a written law in force in that place |
| 11 | a member or officer of the legislature of a foreign country or of part of a foreign country | in the foreign country or in the part of the foreign country, as the case may be | a written law in force in the foreign country or in the part of the foreign country, as the case may be |
Note:
A defendant bears an evidential burden in relation to the matter in subsection (1) . See subsection 13.3(3) .
View history note
Hide history note(2)
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 covered by paragraph (l) of the definition of foreign public official in section 70.1 (which deals with intermediaries of foreign public officials covered by other paragraphs of that definition); and
(b) assuming that the first-mentioned person ' s conduct had occurred instead in relation to:
(i) the other foreign public official of whom the first-mentioned foreign public official was an authorised intermediary; or
subsection (1) would have applied in relation to the first-mentioned person.
(ii) the other foreign public official in relation to whom the first-mentioned foreign public official held himself or herself out to be an authorised intermediary;
Note:
A defendant bears an evidential burden in relation to the matter in subsection (2) . See subsection 13.3(3) .
[ CCH Note: S 70.3(2A) will be inserted by No 5 of 2024, s 3 and Sch 1 item 7, applicable in relation to conduct engaged in on or after 8 September 2024. S 70.3(2A) will read:
]
(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) .
(3)
To avoid doubt, if:
(a) a person ' s conduct occurred in relation to a foreign public official covered by 2 or more paragraphs of the definition of foreign public official in section 70.1 ; and
(b) at least one of the corresponding items in subsection (1) is applicable to the conduct of the first-mentioned person;
subsection (1) applies to the conduct of the first-mentioned person.
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