Foreign bribery offence (Criminal Code Division 70)
Bribing a foreign public official is a federal criminal offence — up to 10 years imprisonment.
Who must comply
Australian persons + companies + their officers/agents/contractors.
What triggers it
Conduct involving foreign officials in business activity.
When due
Continuous.
Evidence required
Anti-bribery policy, due-diligence procedures, training records, internal-audit reviews.
Max penalty
Corporations: up to the greatest of 100,000 penalty units ($36.4M at $364 from 1 July 2026) / 3× benefit / 10% turnover. Individuals: up to 10 years imprisonment and/or 10,000 penalty units ($3.64M). Maximums per offence.
Summary
Section 70.2 Criminal Code Act 1995 (Cwlth) criminalises bribing a foreign public official. The 'foreign bribery' offence has extra-territorial reach for Australian residents + companies. Significantly strengthened by the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024, which expanded liability through 'failure to prevent foreign bribery' corporate offence.
Source legislation
Topics
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Frequently asked questions
- Who must comply with Foreign bribery offence (Criminal Code Division 70)?
- Australian persons + companies + their officers/agents/contractors.
- What triggers Foreign bribery offence (Criminal Code Division 70)?
- Conduct involving foreign officials in business activity.
- When is Foreign bribery offence (Criminal Code Division 70) due?
- Continuous.
- What is the maximum penalty for Foreign bribery offence (Criminal Code Division 70)?
- Corporations: up to the greatest of 100,000 penalty units ($36.4M at $364 from 1 July 2026) / 3× benefit / 10% turnover. Individuals: up to 10 years imprisonment and/or 10,000 penalty units ($3.64M). Maximums per offence.
- What evidence is required for Foreign bribery offence (Criminal Code Division 70)?
- Anti-bribery policy, due-diligence procedures, training records, internal-audit reviews.
Source: https://www.afp.gov.au/crimes/fraud-and-corruption. Rules Mate is not a law firm. Always verify against the live regulator source before acting.