Corrupt commissions or rewards

(1) 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:

    (a) 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 
    
    (b) 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 agent is liable to imprisonment for 7 years.

(2) 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:

    (a) 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 agent s principal, or 

    (b) 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.

(3) 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

Maximum penalty

What the police must prove

1.The accused was an agent of a principal.
2. The accused corruptly received or solicited (or corruptly agreed to receive or solicit) from another person for the agent or for anyone else.
3. Any benefit.
4. 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.
5. 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.

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.