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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Remuneration and promotion structures are one of the most powerful ways that companies communicate their values and priorities to staff. Section nine of the Austrade publication "Anti-bribery and Corruption (ABC): A guide for Australians doing business overseas" gives a simple overview of how compliance, risk management and ethical behavior can be reinforced through incentive structures (and how the wrong behaviors can also be reinforced). This resource is part of Austrade’s “Guide to exporting”.
This resource offers a high-level overview on how your organisation’s anti-bribery and corruption procedures might be designed to mitigate identified risks as well as prevent deliberate unethical conduct by associated persons. It explains features of a proportionate approach to developing anti-bribery procedures and clearly sets out characteristics of such an approach. This resource is part of Austrade’s suite of anti-bribery materials.
Understand what constitutes a facilitation payment with this guide. This resource provides a list of examples, explains associated risks, and sets out the Australian law and Austrade policy in relation to facilitation payments. It also includes a brief hypothetical scenario and offers guidance on how to resist making facilitation payments. This resource forms part of Austrade’s suite of anti-bribery materials.
Draft guidance on adequate procedures to prevent the commission of foreign bribery
by Attorney-General's Department
The Australian Government is proposing reforms that will require companies to implement and maintain adequate procedures to prevent an associate (such as an employee, agent or subsidiary) from bribing foreign public officials. This draft principles-based guidance sets out the types of measures companies should consider implementing and includes case studies to demonstrate how these measures could be applied in practice.
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.
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.
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 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 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 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 529 and 530 of the Western Australian Criminal Code contain offences for corrupt rewards.
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 266 of the Tasmanian Criminal Code contains secret commissions offences for corruption in relation to business.
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 236 of the Northern Territory Criminal Code contains offences for secret commissions.