Top 4 things you need to know about (possible) changes to foreign bribery laws in Australia

The Australian Government is exploring possible reform options to improve the effectiveness of the current foreign bribery regime. The proposed reforms will significantly lower the bar for corporate prosecutions for foreign bribery in Australia.

Some of the key changes proposed include:

1. Broadening the definition of 'foreign public official' to include candidates for public office.
2. A foreign public official need only be 'improperly influenced'. Demonstrating that the benefit or advantage was 'not legitimately due' will no longer be necessary.
3. Intention isn't necessary with the proposed recklessness offence. It will be enough that a person was reckless in their conduct of improperly influencing a foreign public official.