Criminal Code Act. Australia

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СКАЧАТЬ style="font-size:15px;">      (v) the government of a foreign country or of part of a foreign country is in a position to exercise control over the company; and

      (b) in the case of any other body or association — either of the following applies:

      (i) the members of the executive committee (however described) of the body or association are accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of the government of a foreign country or of part of a foreign country;

      (ii) the government of a foreign country or of part of a foreign country is in a position to exercise control over the body or association; and

      (c) the company, body or association:

      (i) enjoys special legal rights or a special legal status under a law of a foreign country or of part of a foreign country; or

      (ii) enjoys special benefits or privileges under a law of a foreign country or of part of a foreign country;

      because of the relationship of the company, body or association with the government of the foreign country or of the part of the foreign country, as the case may be.

      foreign public official means:

      (a) an employee or official of a foreign government body; or

      (b) an individual who performs work for a foreign government body under a contract; or

      (c) 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; or

      (d) 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; or

      (e) 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); or

      (f) a member of the executive, judiciary or magistracy of a foreign country or of part of a foreign country; or

      (g) an employee of a public international organisation; or

      (h) an individual who performs work for a public international organisation under a contract; or

      (i) an individual who holds or performs the duties of an office or position in a public international organisation; or

      (j) an individual who is otherwise in the service of a public international organisation; or

      (k) a member or officer of the legislature of a foreign country or of part of a foreign country; or

      (l) an individual who:

      (i) is an authorised intermediary of a foreign public official covered by any of the above paragraphs; or

      (ii) holds himself or herself out to be the authorised intermediary of a foreign public official covered by any of the above paragraphs.

      public international organisation means:

      (a) an organisation:

      (i) of which 2 or more countries, or the governments of 2 or more countries, are members; or

      (ii) that is constituted by persons representing 2 or more countries, or representing the governments of 2 or more countries; or

      (b) an organisation established by, or a group of organisations constituted by:

      (i) organisations of which 2 or more countries, or the governments of 2 or more countries, are members; or

      (ii) organisations that are constituted by the representatives of 2 or more countries, or the governments of 2 or more countries; or

      (c) an organisation that is:

      (i) an organ of, or office within, an organisation described in paragraph (a) or (b); or

      (ii) a commission, council or other body established by an organisation so described or such an organ; or

      (iii) a committee, or subcommittee of a committee, of an organisation described in paragraph (a) or (b), or of such an organ, council or body.

      share includes stock.

      70.2 Bribing a foreign public official

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

      (a) the person:

      (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 benefit is not legitimately due to the other person; and

      (c) the first-mentioned person does so with the intention of influencing a foreign public official (who may be the other person) in the exercise of the official’s duties as a foreign public official in order to:

      (i) obtain or retain business; or

      (ii) obtain or retain a business advantage that is not legitimately due to the recipient, or intended recipient, of the business advantage (who may be the first-mentioned person).

      Note: For defences see sections 70.3 and 70.4.

      (1A) In a prosecution for an offence under subsection (1), it is not necessary to prove that business, or a business advantage, was actually obtained or retained.

      Benefit that is not legitimately due

      (2) For the purposes of this section, in working out if a benefit is not legitimately due to a person in a particular situation, disregard the following:

      (a) the fact that the benefit may be, or be perceived to be, customary, necessary or required in the situation;

      (b) the value of the benefit;

      (c) any official tolerance of the benefit.

      Business advantage that is not legitimately due

      (3) For the purposes of this section, in working out if a business advantage is not legitimately due to a person in a particular situation, disregard the following:

      (a) the fact that the business advantage may be customary, or perceived to be customary, in the situation;

      (b) the value of the business advantage;

      (c) any official tolerance of the business advantage.

      Penalty for individual

      (4) An offence against subsection (1) committed by an individual is punishable on conviction by imprisonment for not more than 10 years, a fine not СКАЧАТЬ