Each Australian state and territory also has laws prohibiting bribery and bribery of state or territory officials or officials. Sections 141 and 142 of the Criminal Code Act 1995 (Cth) (the “Australian Penal Code”) make it illegal under Australian law: Australia`s geographical location and presence in certain high-risk economic activities expose it to the effects of foreign laws relating to bribery and bribery, as noted above. In addition to the mining and resource sector and agriculture, another area of risk is the construction sector, particularly in Asian markets (and China in particular), which Australian companies are increasingly turning to due to investment opportunities. The main bodies responsible for enforcing anti-corruption laws in Australia are: The Commonwealth and all states and territories in Australia criminalize bribery and other forms of corruption. Our team of defence lawyers in Sydney have described in more detail below. Whether a company has an anti-bribery compliance program is negatively relevant to determining corporate criminal liability. For example, the following factors may be considered evidence of a company`s intent or knowingly or recklessly by permitting offences, or an express or implied authorization or permission to commit conduct (as a criminal offence) because it has not created or maintained a corporate culture that requires compliance with the law: For reasons similar to those set out in question 3.5, a successor company cannot be held liable for corruption committed by an incumbent company unless the successor company continues the conduct of the incumbent company and effectively commits the illegal conduct itself through its management and officers, for which it can then be prosecuted. However, he is not legally responsible for the past conduct of a legacy company (although he must of course foot the bill for investigation and prosecution). It is difficult to obtain reliable data on the number of ongoing corruption investigations in Australia. However, in December 2019, the OECD`s Phase 4 monitoring report on Australia (see below) revealed that AFP had investigated eight foreign bribery cases (up from 19 in December 2017). The Australian government has a zero-tolerance approach to bribery and corruption. Key tips for a robust anti-corruption compliance program include: Australia works in both state and territorial and federal legal systems. At the federal level, under the Criminal Code, if a company is prosecuted because the wrongful conduct was (expressly or impliedly) authorized or permitted by a senior officer, the company will not be convicted of a criminal offence if it can prove that it exercised due diligence to prevent the conduct, authorization or permission.
This typically involves maintaining and implementing compliance programs and anti-corruption policies. Companies can benefit from Australia`s leniency if they report illegal bribery or paying bribes early on and offer to cooperate with investigators. Legal persons may be held liable under foreign law, even if there is no obvious jurisdiction. It is increasingly common for international trading partners to require their Australian counterparts to comply with foreign laws. International trade treaties may require Australian companies to ensure compliance with foreign anti-corruption laws or to provide annual certificates of compliance. The anti-corruption provisions of the Commonwealth are contained in the Commonwealth Penal Code Act 1995 (Cth). The laws of the state of New South Wales are contained in the Crimes Act 1900 (NSW). In March 2019, the former Chief of Staff of National Australia Bank, Ms Rosemary Rogers, was charged in New South Wales with dishonestly obtaining a financial advantage through deception and multiple charges from an agent who had received corrupt benefits under national anti-corruption laws. Rogers pleaded guilty and was sentenced to eight years in prison in January 2021 (with a suspended period of four years and nine months). The fees were related to a program in which the executive approved excess invoices issued to the bank by an event company in exchange for personal travel, cash and other benefits totaling $5.4 million.
The director of the event company, Helen Rosamond, has pleaded not guilty to several charges of fraud and corruption. Their trial is expected to take place in 2022. The bank filed a civil lawsuit against Ms. Rosamond and her event company to offset her losses. State and territory laws do not exempt gifts or gratuities to public officials from their anti-corruption provisions.