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Corrupt commissions

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Contact Armstrong Legal:
Sydney: (02) 9261 4555

John Sutton
Andrew Tiedt

The maximum penalty for the crime of corrupt commissions or rewards is seven years imprisonment.

What court is likely to hear the matter?

Where the value of the benefit exceeds $5000, this matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Where the value of the benefit does not exceed $5000, this matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

If you think you may have breached a law or regulation in your role as an employee or company director, you need to seek urgent advice. By getting advice sooner rather than later, damage can often be minimised and risks contained.

Make sure your interests are fully protected. Talk to one of our team of specialist corporate crime lawyers today.

What the police must prove

In order for the police to prove their case atcourt, they must prove each of the following matters beyond a reasonable doubt:

  • The accused was an agent of a principal.
  • The accused corruptly received or solicited (or corruptly agreed to receive or solicit) from another person for the agent or for anyone else.
  • Any benefit.
  • The benefit was an inducement or reward for or otherwise on account of:
(a) doing or not doing something, or having done or not having done something, or
(b) showing or not showing, or having shown or not having shown, favour or disfavour to any person.
  • In relation to the affairs or business of the agents principal.

Possible defences

It will be necessary for the police to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

The law

If any agent corruptly receives or solicits (or corruptly agrees to receive or solicit) from another person for the agent or for anyone else any benefit:

  • as an inducement or reward for or otherwise on account of:
(i) doing or not doing something, or having done or not having done something, or
(ii) showing or not showing, or having shown or not having shown, favour or disfavour to any person, in relation to the affairs or business of the agent's principal, or
  • the receipt or any expectation of which would in any way tend to influence the agent to show, or not to show, favour or disfavour to any person in relation to the affairs or business of the agents principal, the agent is liable to imprisonment for 7 years.
If any person corruptly gives or offers to give to any agent, or to any other person with the consent or at the request of any agent, any benefit:
  • as an inducement or reward for or otherwise on account of the agents:
(i) doing or not doing something, or having done or not having done something, or
(ii) showing or not showing, or having shown or not having shown, favour or disfavour to any person, in relation to the affairs or business of the agents principal, or

  • the receipt or any expectation of which would in any way tend to influence the agent to show, or not to show, favour or disfavour to any person in relation to the affairs or business of the agent s principal,the first mentioned person is liable to imprisonment for 7 years.

For the purposes of subsection where a benefit is received or solicited by anyone with the consent or at the request of an agent, the agent shall be deemed to have received or solicited the benefit.



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where to next?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in corporate crime and will be able to guide you through the process while dealing with the various authorities related to your matter.

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