Bribery: Definition and Meaning in Australian Workplaces

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 foreign bribery (bribing a foreign public official, Criminal Code Division 70) from domestic bribery (bribing a Commonwealth public official, Criminal Code Division 141) and treats both as serious indictable offences.

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.

Foreign bribery (Criminal Code Division 70). 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.

Domestic bribery (Criminal Code Division 141). 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.

State domestic bribery offences. 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.

Facilitation payments. 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 still 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.

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.

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.