There is increasing global enforcement of anti-bribery and corruption laws and the consequences imposed can be severe, including significant penalties and reputational damage. Businesses can be liable for the actions of their employees and agents under Australian and foreign laws including under the laws of third party countries. This collection of resources includes Australian and foreign cases that have involved civil and criminal foreign bribery enforcement action against companies and senior corporate office holders. Comprehensive lists of enforcement actions by the United Kingdom’s Serious Fraud Office and under the US Foreign Corruption Practices Act, are included. These cases highlight the serious consequences that can result when businesses do not take active steps to prevent foreign bribery.
Category: Offences & Enforcement
Liability for bribery and corruption can arise under multiple jurisdictions both inside and outside Australia. In Australia, individuals and corporations can be liable for a range of state and territory offences including offences that apply to conduct in the private sector. For example, section 150 of the South Australian Criminal Law Consolidation Act contains an offence for bribery of a fiduciary.
Liability for bribery and corruption can arise under multiple jurisdictions both inside and outside Australia. In Australia, individuals and corporations can be liable for a range of state and territory offences including offences that apply to conduct in the private sector. For example, sections 442B and 442BA of the Queensland Criminal Code contain offences for secret commissions.
Liability for bribery and corruption can arise under multiple jurisdictions both inside and outside Australia. In Australia, individuals and corporations can be liable for a range of state and territory offences including offences that apply to conduct in the private sector. For example, section 176 of the Victorian Crimes Act contains offences for secret commissions.
Liability for bribery and corruption can arise under multiple jurisdictions both inside and outside Australia. In Australia, individuals and corporations can be liable for a range of state and territory offences including offences that apply to conduct in the private sector. For example, sections 356 and 357 of the ACT Criminal Code contain offences for bribery and corrupting benefits.
Liability for bribery and corruption can arise under multiple jurisdictions both inside and outside Australia. In Australia, individuals and corporations can be liable for a range of state and territory offences including offences that apply to conduct in the private sector. For example, section 249B of the NSW Crimes Act contains offences for corrupt commissions or rewards.
Australia’s powerful confiscation laws ensure there can be no profit in bribery. Under the Proceeds of Crime Act, law enforcement agencies are equipped with a range of powers to trace, restrain and confiscate proceeds of crime against Commonwealth laws such as foreign bribery. Any asset can potentially be subject to confiscation if it is the ‘proceeds' or an 'instrument' of a Commonwealth offence.