Bribery (ACT)

In the ACT, the offence of bribery is set out in section 356 of the Criminal Code 1900. Bribery is a serious offence that can attract a penalty of up to 10 years imprisonment.

What is bribery?

In the ACT, a person is guilty of bribery if they dishonestly:

• provide a benefit to an agent or someone else; or
• cause someone else to provide a benefit to an agent or someone else; or
• offer a benefit to an agent or someone else; or
• cause an offer or promise of a benefit to be made to an agent or someone else; and
• do so with the intention that the agent will provide a favour.

This offence attracts a maximum penalty of a fine of up to 100 penalty units or 10 years imprisonment.

Commonwealth offence of bribery

Under section 70.2 of the Commonwealth Criminal Code 1995, a person commits an offence if they:

• provide a benefit to a person
• cause a benefit to be provided to a person
• offer or promise to provide a benefit to a person
• cause an offer or promise of a benefit to be provided to a person

and do so with the intention of improperly influencing a foreign public official in order to obtain or retain a business or personal advantage.

This offence is punishable by a maximum penalty of 10,000 penalty units or 10 years imprisonment, or both (for an individual). For a body corporate, the maximum penalty is either a fine of 100,000 penalty units or three times the value of the benefit obtained, where it is possible for this to be determined by the court.

Related offences

The ACT Criminal Code 1900 contains two other offences that are related to bribery.

Payola

Payola occurs when a person who purports to make disinterested decisions or examinations, accepts a benefit in exchange for influencing a selection.

Abuse of public office

Abuse of public office occurs when a public official exercises an official function, official influence or engages in conduct in their public duties with the intention of dishonestly obtaining a benefit or causing a detriment.

Jurisdiction

Bribery matters in the ACT are heard by the Supreme Court.

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