"Absolute Liability" For A Failure To Prevent Foreign Bribery: Significant Change Ahead In Australia?

Australia's Federal Government has tabled the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017. The legislation introduces a number of changes to the country's foreign bribery regime, notably, an "absolute liability" corporate offence for a failure to prevent foreign bribery, except in cases where it is clear that "adequate procedures" were in place to the offence. That being the case, corporations should remain diligent in ensuring that adequate procedures are implemented and be prepared to prove that the obligation was met in the event of foreign bribery charges. 

On 6 December 2017, Australia's Federal Government tabled the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017 ("Bill"), which contains various amendments to Australia's foreign bribery regime, including introducing an "absolute liability" corporate offence for a failure to prevent foreign bribery.