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Submissions close on Friday, 28 February 2020

On 2 December 2019, the Government introduced the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019 into Parliament. The Bill would introduce a new corporate offence for the failure to prevent the commission of a foreign bribery offence by an associate of a body corporate.

However, the offence will not apply if the body corporate can show it had adequate procedures in place designed to prevent the commission of the foreign bribery offence.

Section 70.5B of the Combatting Corporate Crime Bill 2019 proposes that the Attorney-General must publish guidance on the steps that a body corporate can take to prevent an associate from bribing foreign public officials.

To inform the approach to this guidance, the Government has developed draft adequate procedures guidance and invites interested individuals and organisations to submit feedback and comments by 28 February 2020:

Submissions can be provided by email to CriminalLaw@ag.gov.au.

The draft guidance comprises three Parts:

  • Part 1 sets out the foreign bribery offence and the proposed corporate offence of failing to prevent foreign bribery. It includes examples to illustrate how the foreign bribery offences operate.
  • Part 2 sets out draft guidance on the types of measures a body corporate could implement and steps it could take to prevent an associate from bribing a foreign public official. This guidance is principles-based, rather than a checklist for compliance. It is designed to be of general application to corporations of all sizes and in all sectors.
  • Part 3 provides examples to demonstrate how policies and procedures to prevent foreign bribery could be applied in practice.

In preparing this guidance, the Government has had regard to the UK Government's Guidance that accompanies its 'failure to prevent' under section 7 of the UK Bribery Act, as well as guidance published by the Australian Trade Commission, United States Department of Justice, International Organization for Standardization, OECD, UNODC, World Bank and Transparency International UK.

The Government will review feedback received through the consultation process before finalising the guidance. A final version of the guidance will be published before the new corporate offence for foreign bribery commences.

If you experience accessibility issues with the documents on this page or have an enquiry about this consultation process, please contact CriminalLaw@ag.gov.au.