Australian laws governing anti-bribery and corruption operate at both the Commonwealth and state and territory levels. These laws can apply to individuals and companies for bribery and corruption both inside and outside Australia. Multiple government agencies (such as ASIC, Austrade and the Attorney-General’s Department) have released useful resources providing practical guidance on how to comply with your anti-bribery and corruption obligations – many of these resources are collated in this section. Develop an understanding of relevant Australian legislation and build your awareness of your legal obligations through these government resources. Learn about the risks of bribery and corruption in international transactions, and how you can prepare your business for the introduction of proposed laws that will require companies of all sizes to have adequate procedures in place to prevent bribery of foreign public officials. Find out more about a proposed deferred prosecution agreement scheme for certain corporate offences.
Resources from the Australian Government
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This document summarises some key indicators associated with foreign bribery. The indicators have been collated based on the collective experiences of IFBT members. This purpose of this document is to enable persons working in high-risk sectors, as well as the broader public, to recognise possible instances of foreign bribery and report these concerns accordingly.
This guide by Austrade, outlines how to create an effective anti-bribery and corruption program; including why anti bribery and corruption compliance matters, developing your program, implementing your program, and maintaining your program.
The purpose of this guide is to help Australian Government officials better understand the factors that lead to fraud and corruption, and provide advice on a range of strategies that entities can implement to mitigate the probability of these risks as well as the harm they cause for the public sector.
Accompanying the guide, is a Control Design Template and a Fraud Control Catalogue.
The Procurement Administration Counter Fraud Toolkit is designed to help Australian Government officials to identify and manage fraud and corruption risks in the procurement process. This toolkit was developed in consultation with procurement teams and fraud prevention experts from multiple Commonwealth entities.
This brief provides an overview of the corruption risks and vulnerabilities identified between July 2020 and June 2023 from finalised investigations under the Law Enforcement Integrity Commissioner Act 2006 and related prosecutions.
The Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 came into effect on 8 March 2024 and introduced a new corporate offence of failing to prevent foreign bribery.
Download and print foreign bribery resources including a brochure and poster outlining key information about the foreign bribery offence and how to report suspected foreign bribery to the AFP. These resources are designed to be printed and made available to employees and contractors who require easy to understand information about foreign bribery.
Guidance on adequate procedures to prevent the commission of foreign bribery
by Attorney-General's Department
The Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 came into effect on 8 March 2024 and introduced a new corporate offence of failing to prevent foreign bribery. This resource outlines the steps corporations can take to establish an effective anti-bribery compliance program and suggests types of controls to consider when implementing such a program. The guidance sets out 6 elements to assist corporations in establishing ‘adequate procedures’.
National Anti-Corruption Commission (NACC) Corruption prevention priorities for 2024.
by National Anti-Corruption Commission
The NACC has identified 3 areas of focus for its corruption prevention and education work in 2024:
1. Conflicts of interest
2. Ethical decision-making
3. The electoral process
The National Anti-Corruption Commission enhances integrity in the Commonwealth public sector by deterring, detecting and preventing corrupt conduct involving Commonwealth public officials. It does this through education, monitoring, investigation, reporting and referral.
Under the Government’s proposed deferred prosecution agreement (DPA) scheme, companies that cooperate with authorities can be invited to enter a DPA for foreign bribery and related offences. If a company complies with the DPA, it will not be convicted. This draft code of practice sets out the expectations of authorities for companies that wish to enter a DPA.
CDPP and AFP Best Practice Guideline on self-reporting foreign bribery and related offending by corporations
by Australian Federal Police Commonwealth Department of Public Prosecutions
Self-reporting is a significant first step in addressing suspected foreign bribery. This Guideline is designed to provide companies with information about how self-reporting will be taken into account by the CDPP when determining whether or not to commence a prosecution, and highlights the reasons why a company may choose to self-report including to comply with directors’ duties and limit liability. Information about early guilty pleas is also provided.
Whistleblowing and the corporate sector whistleblower protection regime in Australia
by Australian Securities and Investments Commission
This resource offers an introductory summary of corporate sector whistleblower protection requirements under the Corporations Act 2001. It includes links to further guidance for companies on handling whistleblower disclosures and creating whistleblowing policies. This guidance can be used by companies even if they are not required to have a whistleblower policy under the law.
Complaint mechanism for the OECD Guidelines for Multinational Enterprises
by Australian National Contact Point OECD Guidelines for Multinational Enterprises
The Australian National Contact Point (AusNCP) is responsible for promoting the OECD Guidelines for Multinational Enterprises and to contribute to the resolution of issues relating to their implementation when cases against a company are raised. The complaint mechanism helps parties resolve conflicts. The website provides useful information on how to submit a complaint, track a case and view a closed complaint.
Articulate company commitments and expectations by setting an anti-bribery and corruption (ABC) statement of intention. This resource suggests language and key points to include in an ABC statement of intention to support companies to communicate to internal and external stakeholders. This resource is provided as part of the Australian Government’s broader anti-bribery materials. This resource is part of Austrade’s “Guide to exporting”.
Foreign bribery is a serious offence attracting significant penalties. Under section 70.2 of the Criminal Code, individuals face a fine of up to AUD$2.2 million and 10 years imprisonment for the bribery of foreign public officials. Companies face even larger fines including up to 10% of their annual turnover. There are also offences for related misconduct, such as false accounting and money laundering.