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 greater of $33M / 3× benefit / 10% turnover. Individuals: 10 years prison + $2.475M
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
Source: https://www.afp.gov.au/what-we-do/crime-types/fraud/foreign-bribery. Rules Mate is not a law firm. Always verify against the live regulator source before acting.