[{"data":1,"prerenderedAt":140},["ShallowReactive",2],{"nz-slugs-manifest":3,"au-glossary-bribery":62},{"article":4,"policy":30,"webinar":36,"alternative":45,"features":47,"use-cases":48,"solutions":55},[5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,22,24,25,26,27,28,29],"cybersecurity-culture","signs-of-a-toxic-workplace","anonymous-reporting-for-schools","iso-37002","anonymous-employee-feedback","shirli-kirschner-game-changers","employee-engagement-survey-questions","dealing-with-workplace-misconduct","whistleblowing-software","what-is-unlawful-victimisation-in-the-workplace","respect-in-the-workplace","bystander-effect-in-the-workplace","person-centred-and-trauma-informed-approach","combating-virtual-harassment-in-remote-work","understanding-and-preventing-workplace-bullying","anonymous-reporting-advantages-disadvantages","culture-audit-guide","serious-misconduct","what-is-whistleblowing","psychologically-safe-workplace","mentally-healthy-workplace","case-management-software","nz-protected-disclosures-act-2022","nz-hsw-act-psychosocial","nz-privacy-act-2020-anonymous-reporting",[31,32,33,34,35],"cookies","privacy","anti-modern-slavery","terms","whistleblowing",[37,38,39,40,41,42,43,44],"psychosocial-safety-construction-and-mining","new-world-of-work","2024-august-live-demonstration-of-the-elker-platform","psychosocial-risks-leadership-and-tools","safety-culture-and-transformation-hospitality","addressing-psychosocial-issues-at-work-webinar","finishing-safe-between-now-and-january-webinar","dealing-with-sensitive-information",[46],"eqs-integrity-line-alternative",[],[49,50,51,52,53,54],"aged-care-disability-services","schools","peak-bodies","businesses","government","universities",[56,57,58,59,60,61,26],"speak-up-platform","anonymous-suggestion-box","workplace-investigation-software","whistleblowing-platform","whistleblowing-hotline","psychosocial-hazard-management",[63],{"id":64,"status":65,"date_updated":66,"slug":67,"title":68,"locale":69,"category":72,"primary_keyword":67,"secondary_keywords":73,"definition_short":78,"definition_long":79,"context_body":80,"sources":81,"last_reviewed":82,"faqs":83,"related_pillars":118,"related_terms":137,"seo":138},4,"published","2026-04-20T01:12:49.394Z","bribery","Bribery: Definition and Meaning in Australian Workplaces",[70,71],"au","nz","compliance",[74,75,76,77],"bribery definition","bribery meaning","bribery and corruption","foreign bribery","Bribery under Australian law: foreign bribery under the Criminal Code, domestic bribery offences, corporate liability, and facilitation payments.","\u003Cp>Bribery is the offering, promising, giving, requesting, or accepting of something of value with the intention of improperly influencing a person exercising a public duty or a position of trust. Australian law distinguishes \u003Cstrong>foreign bribery\u003C/strong> (bribing a foreign public official, Criminal Code Division 70) from \u003Cstrong>domestic bribery\u003C/strong> (bribing a Commonwealth public official, Criminal Code Division 141) and treats both as serious indictable offences.\u003C/p>","\u003Cp>Australian bribery law has undergone significant strengthening since 2023. The Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 commenced 8 September 2024 and made three material changes: (1) abolished the requirement to prove the bribe was paid to obtain business that would \"not legitimately be due\", replacing it with \"improperly influencing a foreign public official\"; (2) introduced a new corporate offence of failing to prevent foreign bribery (Criminal Code s70.5A); and (3) established a \"reasonable adequate procedures\" defence analogous to the UK Bribery Act 2010 s7. Corporate entities are now strictly liable for foreign bribery by their \"associates\" (employees, agents, subsidiaries, contractors) unless they can show they had adequate anti-bribery procedures in place.\u003C/p>\n\u003Cp>\u003Cstrong>Foreign bribery (Criminal Code Division 70).\u003C/strong> Offering, promising, or providing a benefit to a foreign public official with intent to improperly influence the official in the exercise of their duties. Maximum penalty for individuals: 10 years imprisonment and/or a fine of 10,000 penalty units (AUD 3.3 million at the current Commonwealth penalty unit value of AUD 330, in force from 7 November 2024). For corporate entities: the greatest of 100,000 penalty units (AUD 33 million), three times the benefit obtained, or 10% of annual turnover.\u003C/p>\n\u003Cp>\u003Cstrong>Domestic bribery (Criminal Code Division 141).\u003C/strong> Dishonestly providing or offering a benefit to a Commonwealth public official with intent to influence the official in the exercise of their official duties. Maximum penalty: 10 years imprisonment and/or a fine of 10,000 penalty units.\u003C/p>\n\u003Cp>\u003Cstrong>State domestic bribery offences.\u003C/strong> Each state has its own equivalent: NSW Crimes Act 1900 s249B (corrupt commissions or rewards); Victoria Crimes Act 1958 s176 (bribery of public officers); Queensland Criminal Code s87 (official corruption). Offences typically cover both public-official bribery and private-sector commercial bribery.\u003C/p>\n\u003Cp>\u003Cstrong>Facilitation payments.\u003C/strong> Under Division 70 s70.4, a payment of minor value made to a foreign public official for the sole or dominant purpose of expediting or securing the performance of a routine government action is \u003Cstrong>still\u003C/strong> a defence, but the payer must have created a record of the transaction as soon as practicable. The government's response to the 2019 OECD Working Group on Bribery review commits to repealing the facilitation payments defence, with legislative amendments expected in 2026.\u003C/p>\n\u003Cp>The National Anti-Corruption Commission, which commenced 1 July 2023, investigates serious or systemic corrupt conduct affecting Commonwealth public officials, including bribery. The NACC can make public findings, refer matters to the Commonwealth Director of Public Prosecutions, and impose administrative consequences.\u003C/p>\n\u003Cp>In New Zealand, bribery is criminalised under the Crimes Act 1961 ss99-105E: bribery of judicial officers (s101), of ministers (s102), of members of Parliament (s103), of law enforcement officers (s104), of officials (s105), and corruption by officials (s105D-E). The New Zealand Serious Fraud Office investigates serious or complex fraud, including foreign bribery and corruption. New Zealand introduced specific foreign-bribery provisions in 2001 and strengthened them in 2015.\u003C/p>","\u003Col>\n\u003Cli>Criminal Code Act 1995 (Cth), Divisions 70 and 141. \u003Ca href=\"https://www.legislation.gov.au/C2004A04868/latest/text\">Federal Register of Legislation\u003C/a>. Retrieved 2026-04-19.\u003C/li>\n\u003Cli>Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 (Cth). \u003Ca href=\"https://www.legislation.gov.au/\">Federal Register of Legislation\u003C/a>. Retrieved 2026-04-19.\u003C/li>\n\u003Cli>Attorney-General's Department, \"Foreign bribery: information for businesses\". \u003Ca href=\"https://www.ag.gov.au/crime/publications/foreign-bribery-information-businesses\">AGD\u003C/a>. Retrieved 2026-04-19.\u003C/li>\n\u003Cli>Australian Federal Police, foreign bribery investigations. \u003Ca href=\"https://www.afp.gov.au/crimes/fraud-and-corruption/foreign-bribery\">AFP\u003C/a>. Retrieved 2026-04-19.\u003C/li>\n\u003Cli>National Anti-Corruption Commission. \u003Ca href=\"https://www.nacc.gov.au/\">NACC\u003C/a>. Retrieved 2026-04-19.\u003C/li>\n\u003Cli>Crimes Act 1961 (NZ), ss99-105E. \u003Ca href=\"https://www.legislation.govt.nz/act/public/1961/0043/latest/whole.html\">New Zealand Legislation\u003C/a>. Retrieved 2026-04-19.\u003C/li>\n\u003Cli>Serious Fraud Office (NZ). \u003Ca href=\"https://www.sfo.govt.nz/\">SFO\u003C/a>. Retrieved 2026-04-19.\u003C/li>\n\u003C/ol>","2026-04-19",[84,91,98,105,111],{"id":85,"sort":86,"faq_item_id":87},20,1,{"id":88,"question":89,"answer":90},607,"What's the difference between bribery and corruption?","\u003Cp>Bribery is one category of corruption. Corruption is the broader concept and includes bribery, embezzlement, nepotism, abuse of office, and other conduct that diverts power or resources away from proper purposes. Every act of bribery is a corrupt act, but not every corrupt act involves bribery (e.g. misappropriating funds or preferencing a relative in procurement does not necessarily involve a bribe).\u003C/p>",{"id":92,"sort":93,"faq_item_id":94},21,2,{"id":95,"question":96,"answer":97},608,"What's a facilitation payment?","\u003Cp>A small payment to a foreign public official to expedite or secure the performance of a routine governmental action the official is already required or expected to perform (e.g. processing paperwork, issuing a permit). Australia currently allows facilitation payments as a defence to foreign bribery under strict conditions (minor value, sole or dominant purpose to expedite a routine action, and recorded as soon as practicable), but this defence is expected to be repealed in 2026. The UK Bribery Act 2010 does not permit facilitation payments; the US Foreign Corrupt Practices Act does.\u003C/p>",{"id":99,"sort":100,"faq_item_id":101},22,3,{"id":102,"question":103,"answer":104},609,"What is \"failure to prevent foreign bribery\"?","\u003Cp>The new Criminal Code s70.5A offence (commenced 8 September 2024) imposes corporate liability on Australian entities and foreign entities operating in Australia where an associate (employee, agent, subsidiary, contractor, or person otherwise performing services for the entity) commits foreign bribery. The corporate entity is strictly liable unless it can prove it had \"adequate procedures\" to prevent the bribery. This mirrors the UK Bribery Act 2010 s7 and represents a significant shift toward strict corporate accountability.\u003C/p>",{"id":106,"sort":64,"faq_item_id":107},23,{"id":108,"question":109,"answer":110},610,"What are \"adequate procedures\" to defend a failure-to-prevent charge?","\u003Cp>The Attorney-General's Department guidance (November 2024) identifies six principles: proportionate procedures, top-level commitment, risk assessment, due diligence, communication and training, and monitoring and review. Procedures should be proportionate to the entity's risk profile, embedded in decision-making, and regularly reviewed. Evidence of a functioning whistleblower channel, training records, third-party due diligence, and internal investigations showing the program was actively used is typically decisive.\u003C/p>",{"id":112,"sort":113,"faq_item_id":114},24,5,{"id":115,"question":116,"answer":117},611,"How do whistleblower protections apply to bribery disclosures?","\u003Cp>Disclosures about bribery by a regulated entity are protected under Corporations Act 2001 Part 9.4AAA if made to an eligible recipient (ASIC, APRA, an eligible officer, a legal practitioner). Disclosures about bribery by Commonwealth public officials are protected under the Public Interest Disclosure Act 2013 and may also be reportable to the NACC. Both schemes offer confidentiality, immunity from civil/criminal/administrative liability for the disclosure itself, and compensation for detriment.\u003C/p>",[119,125,131],{"id":120,"sort":86,"article_id":121},7,{"id":122,"slug":123,"title":124},15,"commonwealth-fraud-and-corruption-control-framework-2024","Commonwealth Fraud and Corruption Control Framework 2024: Effective Detection Mechanisms",{"id":126,"sort":93,"article_id":127},8,{"id":128,"slug":129,"title":130},11,"corporations-act-whistleblower-protections","Corporations Act: Whistleblower Protections in Australia",{"id":132,"sort":100,"article_id":133},9,{"id":134,"slug":135,"title":136},14,"ethics-hotline","How to Set Up an Ethics Hotline – Best Practice for Managing Integrity",[],{"meta_title":68,"meta_description":78,"meta_image":139},null,1776811947598]