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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Parties to the OECD Anti-Bribery Convention, including Australia, are required to criminalise bribery of foreign public officials in international business transactions. This fact sheet provides short explanations of the OECD, the Anti‑Bribery Convention, how the Convention is monitored and background to Australia’s enforcement of the Convention.
This short, 15 minute learning module can be used by businesses to help develop employees’ awareness of the foreign bribery offence. The module provides information about Australia’s anti-bribery policy, relevant laws and how to report foreign bribery. It features video interviews with Australian Federal Police representatives, links to relevant agencies and a short quiz, and supports users with accessibility requirements.
This guide from the Australian Federal Police sets out the importance of self-reporting and the practical steps for companies to self-report possible criminal conduct. It covers when to report, what information to include in the report, and the AFP's investigation process.
Australia tales a whole-of-government approach to combatting foreign bribery. This page outlines the roles of Australian agencies tasked with responding to foreign bribery and the responsibilities of each agency.
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.
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.
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.
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.
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.
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.
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.
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.