Bill
Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023
passed, as at 2024-03-08. Attorney-General portfolio.
- Sponsor
- Not recorded
- Portfolio
- Attorney-General
Recorded stages
- introduced — 2023-06-22
- second reading — 2023-06-22
- second reading — 2023-08-08
- second reading — 2023-09-05
- second reading — 2023-09-05
- third reading — 2023-09-05
- introduced — 2023-09-06
- second reading — 2023-09-06
- second reading — 2024-02-06
- second reading — 2024-02-29
- second reading — 2024-02-29
- committee — 2024-02-29
- third reading — 2024-02-29
- other — 2024-02-29
- passed — 2024-02-29
- royal assent — 2024-03-08
Divisions
- The majority voted in favour of an [amendment](https://www.aph.gov.au/Parliamentary_Business/Hansard/Hansard_Display?bid=chamber/hansards/27578/&sid=0000) to the usual second reading motion, which is "*that the bill be read a second time*" (parliamentary jargon for agreeing with the main idea of the bill). This means the text below will be added to the usual motion. The amendment was introduced by ACT Senator [David Pocock](https://theyvoteforyou.org.au/people/senate/act/david_pocock) (Independent). ### Amendment text > *At the end of the motion, add ", but the Senate:* > > *(a) notes that [Deferred Prosecution Agreements](https://en.wikipedia.org/wiki/Deferred_prosecution) (DPAs) have been implemented in the United Kingdom and United States to help combat foreign bribery by incentivising companies to self-report; and* > > *(b) is of the opinion that:* > >> *(i) establishing a DPA scheme in Australia is worthy of consideration,* >> >> *(ii) such a scheme should not function as a 'get-out-of-jail-free card' and should prioritise transparency so as to avoid the creation of a two-tiered justice system where corporate criminals are able to secretly negotiate agreements related to wrongdoings while private individuals are subject to the full force of a court of law,* >> >> *(iii) further reform is needed to abolish facilitation payments, and* >> >> *(iv) further reform is needed to prevent companies convicted of foreign bribery from being awarded Australian government contracts, potentially through a whole-of-government debarment scheme".* — 2024-02-29, Senate: affirmative, ayes 33, noes 22
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2024-02-29.45.1) introduced by West Australian Senator [Michaelia Cash](https://theyvoteforyou.org.au/people/senate/wa/michaelia_cash) (Liberal), which means it failed. The amendment would have introduced an [deferred prosecution agreement](https://en.wikipedia.org/wiki/Deferred_prosecution) (DPA) scheme. ### Amendment text See the official parliamentary website for the [text of the bill](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr7055_amend_4fc9a9f4-2e31-4408-9bfb-405e8f8f193c%22;rec=0). — 2024-02-29, Senate: negative, ayes 25, noes 30
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2023-06-22.
The bill would replace Australia's current law against bribing foreign officials with a new version.
It removes the need to prove a bribe or advantage was 'not legitimately due', instead requiring proof of 'improperly influencing' a foreign public official.
The new offence would also cover bribes aimed at securing a personal advantage, such as a visa or personal title, not just business ones.
- Replaces the existing foreign bribery offence with a new one.
- Removes the 'not legitimately due' requirement and introduces 'improperly influencing' as the test.
- Extends the offence to cover bribes for a personal advantage.
Individuals and corporations who bribe foreign public officials.
Sources
em
em supp
billhome
frl act