Who must comply with Foreign bribery offence (Criminal Code Division 70)?

Bribing a foreign public official is a federal criminal offence — up to 10 years imprisonment.

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.

Applies only if you deal with foreign public officials (Criminal Code Div 70). Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Australian persons + companies + their officers/agents/contractors.

What triggers it: Conduct involving foreign officials in business activity.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Outcome across the 35 industries Rules Mate maps (35 of 35: no).

The answer is the same in every industry: no. Industry does not change who must comply.

Structure does not change the answer across all industries: for every structure the answer is "no".

Size does not change the answer across all industries: at every size band the answer is "no".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.

Starting from a small or large professional services company that does not otherwise meet the test, each of these single facts changes the engine's answer:

• The business makes or receives international funds transfers: it becomes worth checking, because it applies only if you deal with foreign public officials (Criminal Code Div 70).
• The business is foreign-owned: it becomes worth checking, because it applies only if you deal with foreign public officials (Criminal Code Div 70).
• The business sells to international customers: it becomes worth checking, because it applies only if you deal with foreign public officials (Criminal Code Div 70).

The engine shows this obligation as "check whether this applies" when a business has international activity. It then applies only if you deal with foreign public officials (Criminal Code Div 70). That fact is not something Rules Mate can infer from industry, structure or size.

When due

Continuous.

Frequency

Ongoing

Evidence to keep

Anti-bribery policy, due-diligence procedures, training records, internal-audit reviews.

Status

Current

Priority

Critical

Maximum 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.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

• AFP foreign bribery prosecutions — multiple ASX entities (2024): Foreign bribery exposure for AU-headquartered entities operating in high-risk jurisdictions; due-diligence + training essential.
• CDPP foreign bribery convictions 2024 (2024): Foreign bribery prosecutions are now routine; failure-to-prevent offence pending application.

Rules Mate tracks 1 published obligation tagged "anti bribery", 1 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated critical priority and carries criminal liability, and is an ongoing duty.

Criminal Code Act 1995: Schedule 1 = Criminal Code.

• Criminal Code Act 1995

Free tools that help with this obligation:

• Compliance calendar builder