Proposed changes to Australia's foreign bribery provisions

Introduction

The Australian Government recently launched a consultation paper discussing a proposal to remove the facilitation payments defence from Australia's foreign bribery provisions and other changes to those provisions as well as changes to "domestic" bribery laws.

The government has asked that submissions in response to the consultation paper be provided by 15 December 2011.

What are the current provisions?

The Criminal Code¹ prohibits bribery of foreign public officials for the purpose of obtaining business or an undue business advantage. The offence applies to conduct in Australia or on board an Australian ship or aircraft and to conduct outside Australia, where the person committing the offence is an Australian citizen, a resident of Australia, or an Australian company.