9 Subsection 70.4(1) of the Criminal Code Omit “section 70.2”, substitute “this Subdivision”. 10 Paragraph 70.4(3)(d) of the Criminal Code After (as the case may “70.2(1)(a)”, insert “or 70.2A(1)(a) be)”. 11 Subsection 70.5(1) of the Criminal Code Omit “section 70.2”, substitute “this Subdivision”. 12 Subsection 70.5(1) of the Criminal Code (note) 70.2”, Subdivision”. Omit “section substitute “this 13 Subsections 70.5(2) and (3) of the Criminal Code Omit “section 70.2”, substitute “this Subdivision”. 14 After section 70.5 of the Criminal Code Insert: Subdivision C—Failure to prevent bribery of foreign public officials 70.5A Failing to prevent bribery of a foreign public official Offence (1) A person (the commits an offence if: first person) (a) the first person is a body corporate: (i) that is a constitutional corporation; or (ii) that is incorporated in a Territory; or (iii) that is taken to be registered in a Territory under section 119A of the and Corporations Act 2001; (b) an associate of the first person: (i) commits an offence against section 70.2 or 70.2A; or (ii) engages in conduct outside Australia that, if engaged in in Australia, would constitute an offence (the notional against section 70.2 or 70.2A; and offence)
9 Subsection 70.4(1) of the Criminal Code Omit “section 70.2”, substitute “this Subdivision”. 10 Paragraph 70.4(3)(d) of the Criminal Code After “70.2(1)(a)”, insert “or 70.2A(1)(a) (as the case may be)”. 11 Subsection 70.5(1) of the Criminal Code Omit “section 70.2”, substitute “this Subdivision”. 12 Subsection 70.5(1) of the Criminal Code (note) Omit “section 70.2”, substitute “this Subdivision”. 13 Subsections 70.5(2) and (3) of the Criminal Code Omit “section 70.2”, substitute “this Subdivision”. 14 After section 70.5 of the Criminal Code Insert: Subdivision C—Failure to prevent bribery of foreign public officials 70.5A Failing to prevent bribery of a foreign public official Offence (1) A person (the first person) commits an offence if: (a) the first person is a body corporate: (i) that is a constitutional corporation; or (ii) that is incorporated in a Territory; or (iii) that is taken to be registered in a Territory under section 119A of the Corporations Act 2001; and (b) an associate of the first person: (i) commits an offence against section 70.2 or 70.2A; or (ii) engages in conduct outside Australia that, if engaged in in Australia, would constitute an offence (the notional offence) against section 70.2 or 70.2A; and
Exposure-draft-provisions-amendments-to-the-foreign-bribery-offence.docx