Background And Legislative Framework : Australia

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Background and Legislative Framework Australia is a member of the Organisation for Economic Co-operation and Development (OECD) Working Group on Bribery and a party to the key international conventions concerned with combating foreign bribery. Australia is a party to the Organisation for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the Anti-Bribery Convention). Australia is also a party to the United Nations Convention Against Corruption (UNCAC). Australia’s obligations under the Anti-Bribery Convention and UNCAC include making foreign bribery an offence and prosecuting the individuals and companies who engage in it. Several pieces of…show more content…
A ‘benefit’ can be a non-monetary or non-tangible inducement. It does not need to be provided or offered to the foreign public official (that is, it can be provided or offered to another person). It can also be provided or offered by an agent. Companies will be liable for foreign bribery offences where: • the company’s board of directors, or a high managerial agent of the company, intentionally, knowingly or recklessly committed the foreign bribery offence • the company’s board of directors, or a high managerial agent of the company, expressly, tacitly or impliedly authorised, or permitted the commission of, the foreign bribery offence by an agent of the company • an agent of the company offered a bribe and it is shown that a corporate culture existed within the company that directed, encouraged, tolerated or led to the commission of the foreign bribery offence, or • an agent of the company offered a bribe and it is shown that the company failed to create and maintain a corporate culture that required compliance with the laws against bribing foreign public officials. Australians overseas, payments through intermediaries, payments to third parties, and indirect benefits. Liability Under Australian Law Bribery or attempts to bribe apply to both individuals and companies, and may be prosecuted under Australian law and the law in the applicable country. It is important to note that the penalties can be imposed irrespective of the success of the bribery activity. The
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