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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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.
This legislation proposes to strengthen Australia’s enforcement response to foreign bribery. It will introduce a new corporate offence for failure to prevent an associate (such as an employee, agent or subsidiary) from bribing a foreign public official and introduces a Commonwealth deferred prosecution agreement scheme for specified corporate offences related to bribery and other financial crimes.
Australian businesses operating overseas need to be aware of their obligations under Australian and foreign laws with respect to dealing with foreign public officials. Austrade has published an anti-bribery and corruption guide for Australian businesses operating overseas and information sheets that provide businesses with practical tips and risk assessment tools.
Effectively communicate bribery prevention policies and procedures to internal and external stakeholders. Practical recommendations on what communications should cover are included in this resource. Understand where training on bribery prevention policy and procedures should be focussed to mitigate the risks of bribery and maximise awareness of business policy and procedures. This resource forms part of Austrade’s suite of anti-bribery materials.
In 2011, two subsidiaries of the Reserve Bank of Australia plead guilty to charges of bribing foreign officials in relation to a Malaysian bank during the period of 1999-2004 and were fined over A$22 million. Four employees, including the CEO and CFO of Securency, pleaded guilty to charges of conspiring to bribe and/or false accounting, each receiving between 6-24 months imprisonment.
This webinar recording offers guidance to SMEs on how to address supply chain risks to increase transparency (and promote responsible business practice/bribery prevention), and gain better access to trade finance. Experts in trade finance and compliance share practical measures that businesses can implement to protect themselves from bribery, corruption, and other risks, and resources to support this process.
This suite of tools and guidance covers topics including facilitation payments, bribery red flags, and training materials to help identify and manage bribery risks. It includes a flow chart of practical steps businesses can take before entering any formal relationship with business partners or associates and what due diligence can be conducted. This resource forms part of Austrade’s suite of anti-bribery materials.
Exporters need to be aware of the risks of bribery and corruption in international transactions and requirements to comply with laws in multiple jurisdictions. Bribery committed outside Australia can be captured under Australian laws and have serious consequences. Export Finance Australia provides useful links to assist exporters in understanding their obligations to comply with relevant laws against bribery and corruption.
Part of Austrade’s “Guide to exporting”, this comprehensive resource offers headline points that all Australian businesses must be aware of when seeking to prevent corruption in their overseas operations. It links to a detailed guide with 12-steps to an effective anti-bribery and corruption program, and provides country-specific information.
To carry out effective risk assessments, Australian businesses operating overseas should be aware of the bribery and corruption risks in the country in which they operate. Designed for Australian exporters, this resource provides risk profiles for 50 countries, including the corruption rating, sectors where corruption may occur, and applicable laws and regulatory bodies. This resource is provided as part of Austrade's suite of anti-bribery materials.
Businesses that engage in commercial activity with overseas entities involved in serious corruption or other situations of international concern should be aware of obligations arising under Australia’s sanctions laws. Sanctions impose restrictions on activities that relate to particular countries, goods, services, or entities. The Australian Sanctions Office provides information about compliance with Australia’s sanctions laws and how to apply for sanctions permits.
Protect your organisation by putting in place clear policies and procedures that prohibit the offer, giving or receipt of gifts, hospitality or expenses where they could influence, or be reasonably perceived to influence, improper outcomes of business transactions. This resource also offers guidance on policy considerations and procedures such as record keeping. It forms part of Austrade’s suite of anti-bribery materials.
Foreign bribery results in an inefficient allocation of resources and economic distortions. It is also a threat to democracy, corrosive of good governance and an impediment to economic development. This fact sheet provides information about the consequences for individuals and companies who bribe or attempt to bribe and the broader, far-reaching effects of foreign bribery on democratic institutions and governmental stability.
Suspected bribery of foreign public officials can be reported to the Australian Federal Police (AFP). This fact sheet tells you how. Companies that discover foreign bribery and do not report to the AFP may face increased liability for maintaining a corporate culture that tolerates bribery. Companies that report their own conduct can receive discounted penalties (and may not be prosecuted at all).