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ARTICLE · 08 SEPTEMBER 2015

Australia's Facilitation Payment Defence - Going, Going, (Not Quite) Gone

The commodities, energy and resources sectors are consistently identified in the high-risk category for bribery and corruption.

AustraliaCriminal Law

The commodities, energy and resources sectors are consistently identified in the high-risk category for bribery and corruption. This should hardly come as a surprise given that these sectors:

  • Are inherently international in nature
  • Have a close association with other high-risk sectors
  • Have a major presence in jurisdictions where bribery and corruption is rife
  • Often rely upon local agents, intermediaries and sub-contractors

As a consequence, anti-bribery laws remain a top-tier priority for the global risk management of these sectors.

Australia's foreign bribery offence and the facilitation payment defence

In Australia, bribing a foreign official is proscribed under Division 70 of the Criminal Code. This legislation ensures that a person can be prosecuted for offering or providing a bribe to foreign officials for the purpose of obtaining business or an undue business advantage. Like the UK Bribery Act and the US Foreign Corrupt Practices Act (FCPA),

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