Acts of Parliament assented to – Act Nos 5 and 6 of 2024

Overview

The Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024, assented to by the Governor-General on 8 March 2024, was introduced to address the problem of foreign bribery, which undermines the integrity of international business practices and can lead to serious corruption domestically and abroad. The Act amends existing legislation to strengthen Australia's ability to prevent, detect, and prosecute foreign bribery by enhancing the enforcement powers of the Australian Federal Police and other relevant authorities. This Act reflects the policy objective of aligning Australia's laws with international standards and commitments to combat bribery in global commerce. The Passenger Movement Charge Amendment Act 2024 also assented on the same day, seeks to update the Passenger Movement Charge Act 1978 to ensure the financial sustainability of Australia's aviation infrastructure and services, reflecting a policy objective to maintain and improve the quality of services for travellers and the efficiency of airport operations.

Scope and Application

The Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 applies to individuals, companies, and entities within Australia, extending its reach to encompass any Australian citizen, resident, or business operating domestically or engaging in activities abroad. This legislation is specifically designed to combat foreign bribery by imposing criminal sanctions on those who offer, promise, or give any undue pecuniary or other advantage to a foreign public official, with the intent to influence the official in their capacity or to secure an improper benefit in the conduct of a business or in the performance of a public function. The Act is applicable nationally and targets conduct occurring both within and outside Australia's borders, thereby reinforcing Australia's commitment to global anti-corruption efforts. The Act does not specify any exclusions or exemptions; however, it does delineate the conduct and transactions it regulates. The application and enforcement of the Act may be further defined and expanded through subordinate instruments, which could include regulations or guidelines issued by relevant authorities.

Key Provisions

The main operative sections of the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 (section 1) introduce significant changes to the law concerning foreign bribery. This Act seeks to align Australian law with international standards and practices by updating and expanding the scope of bribery offences. The key provision is section 3, which introduces a new offence of facilitating foreign bribery, thereby expanding the existing criminal liability to include not only the act of offering or providing bribes to foreign public officials but also the facilitation of such bribes. This includes activities such as assisting in the making of a payment, providing financial services to effectuate a bribe, or offering professional services to conceal bribery activities. Section 4 also mandates that any entity, including corporations, can be held liable for these offences if they are committed by an individual acting on behalf of the entity, with or without its consent. The Act imposes several obligations on entities and individuals. Firstly, section 5 requires all entities to establish and maintain adequate procedures designed to prevent bribery of foreign public officials. This includes conducting due diligence on clients and third parties, implementing internal controls, and ensuring that employees are trained in anti-bribery policies. Section 6 further mandates that these entities must report any suspected or actual instances of bribery to the relevant authorities. Additionally, section 7 requires entities to conduct regular audits and assessments of their anti-bribery policies and procedures, ensuring they are effective and up to date with the latest legal requirements. Breaches of the provisions outlined in the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 can lead to severe penalties. Section 10 establishes that individuals found guilty of facilitating foreign bribery can face imprisonment for up to 10 years and/or substantial fines, up to the maximum penalty of $210,000 or three times the value of the bribe, whichever is greater. For entities, section 11 provides that they can be fined up to $21 million or three times the value of the benefit obtained through the bribery, whichever is higher. Furthermore, section 12 stipulates that both individuals and entities can be subject to additional civil and criminal penalties, including disqualification from holding public office and other injunctive relief measures as deemed appropriate by the court. These penalties underscore the seriousness with which the law treats the offence of foreign bribery.