Bribery of a Commonwealth Public Official

Updated 12 February 2026 — reflecting changes in Victorian law and current sentencing data.

What is the offence of Bribery of a Commonwealth Public Official?

Bribery of a Commonwealth Public Official is an offence under s 141.1 of the Criminal Code Act 1995 (Cth). It involves dishonestly giving, offering, or causing a benefit to be given to influence a Commonwealth public official’s duties, or a public official dishonestly asking for or receiving a benefit with the intention (or belief) that duties will be influenced.

Key points

A dishonest benefit was offered/provided (or requested/received by an official) with an intention or belief it would influence official duties.
Conduct includes gifts, hospitality, or other advantages provided or sought as a bribe.
Usual court level: County Court.

The maximum penalty for Bribery of a Commonwealth Public Official is imprisonment for 10 years or a fine of not more than 10,000 penalty units, or both for individuals and separate for body corporate.

Common defences may include no benefit was given or offered, the recipient was not a Commonwealth public official, no intention to influence official duties, conduct required by law in the foreign official’s country.

This offence may be committed by a Commonwealth public official who has dishonestly asked for, received, or agreed to receive a benefit for themselves or for another person as a bribe. The official must have either had an intention for, or a belief that, their official duties would be influenced.

Have you been accused of Bribery of a Commonwealth Public Official? It is imperative that you speak with one of our specialist criminal defence lawyers before you take any further steps. Make a list of the questions you want to ask us. The more information you have, the better equipped you will be to make informed decisions for yourself.

Interview Request

Have you been contacted by an agency such as IBAC, ASIC or the Police?

You should contact us straight away before committing to doing or saying anything.

An interview is part of the investigation and can be evidence that undermines your defence. The way in which you conduct yourself and whether you provide answers can have a significant bearing on your matter. Prior to speaking with police, make an appointment to speak to one of our lawyers who can explain your options and rights and can accompany you to the interview.

Cases are often won before charges are laid.

Some questions you may consider relevant to ask:

Should I provide answers to their questions?
Will saying ‘no comment’ make me appear guilty?
Will the matter come to an end if I answer their questions?
Do I need to give them access to my mobile phone?
Are they permitted to seize my devices?
What is the best way to defend myself against these allegations?

Pleading Not Guilty

We are experienced at carefully examining briefs of evidence, looking for weaknesses in the case and preparing your defence.

There are multiple ways to fight this charge. For example, you may be able to argue that you never gave or offered a benefit to an official. You could argue that the benefit you obtained as an official could not have possibly influenced the exercise of your duties. The whole allegation of a factual matrix may be wrong.

It is important to remember that before a finding of guilt by a Court or jury, or a formal plea of guilty, you are presumed to be innocent. This is a fundamental principle of Australia’s criminal justice system. Simply because you have been charged with criminal offences, it does not mean you are a criminal nor that your matter will even end up at trial.

We investigate the allegations ourselves, looking for evidence that may support your defence or raise doubts about the case. Our lawyers’ proactive approach to defending clients charged with Bribery of a Commonwealth Public Official can lead to charges being withdrawn or an acquittal.

We have genuine experience in this matter and have run and are currently running cases that involve allegations of bribery of foreign officials.

We pride ourselves on getting great results for our clients so come and have a conference with us to discuss how that is achieved.

Pleading Guilty

If, following legal advice, you decide to plead guilty, we work to resolve the case on the most favourable basis possible.

There may be negotiations with the prosecution about the summary of offending or details of the charge which the Court will hear about. This is one form of advocacy which can pay dividends in the future once your matter gets to Court.

We can recommend beneficial courses and counselling if appropriate. We can also gather character references and information as to your personal history to put forward in Court. Our expert lawyers will advise you on what will be most useful for your case in your circumstances to ensure the best possible outcome.

Examples of Bribery of a Commonwealth Public Official

An international construction company wants to build high rise apartments in central Melbourne. A representative from the company invites the Head of the Department of Planning to dinner and gifts them with a rare bottle of wine.
A Federal Official is on holiday overseas and accepts luxury accommodation for free from a hotel franchise with links to the foreign government.
An employee in the Ministry for Immigration accepts a bribe from a journalist in return for media worthy information on detention centres.

Defences

Example:

You never gave anything to a Commonwealth public official.
The individual you gave something to was not a Commonwealth public official.
You did not intend to influence a Commonwealth public official.
The conduct is required by law in the foreign official’s country.

There are other possible defences depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy. Our experienced lawyers are skilled in identifying the key issues in your case and knowing the best way to approach them.

Questions that are asked in cases like this:

Were they a Commonwealth public official?
Was the gift/hospitality more than a ‘token value’?
How do they prove the corrupt benefit was given?

Maximum Penalty and Court That Deals With This Charge

The maximum penalty for an individual committing the offence of Bribery of a Commonwealth Public Official (s141.1 of the  Criminal Code Act 1995) is imprisonment for 10 years. This is a very serious offence which is generally heard in the County Court.

A separate maximum penalty applies for a body corporate who commits this offence.

What is the legal definition of Bribery of a Commonwealth public official?

This offence is commtted when one is dishonestly providing a benefit, causing a benefit to be provided, or offering a benefit to be provided to a person who is a Commonwealth Public Official. Where the charge is that of receiving a corrupting benefit, the Prosecution must show that a Commonwealth Public Official dishonestly asked for a benefit, or received, or agreed to receive a benefit from another person.

In both circumstances, there must be an intention for the Commonwealth public official’s duties to be influenced. If there is no evidence of this intention, you may be charged with corrupting benefits given to, or received by, a Commonwealth public official under s142.1 of the Criminal Code Act 1995. More information about this charge can be found here.

Section s140.1 of the Criminal Code Act 1995 defines a “benefit” as any advantage and is not limited to property.

Was there bribery?

The Law

The section that covers this offence is section 141.1 of the  Criminal Code Act 1995. This is a Commonwealth legislation.

What Can You Be Sentenced to for This Charge?

This charge is very serious and, if found guilty, it is possible that you may receive a term of imprisonment. The type of penalty imposed will depend on the nature and gravity of the offending. The outcome you receive will depend on several factors including the gravity of the offending, the material and instructions you give to your lawyer, the quality of the material that is tendered on your behalf, and the judicial officer that hears your case. Thorough preparation and experience in this area is vital for receiving favourable outcomes.

Ask your lawyer what the likely penalty will be in your case.

Frequently asked questions

What must the prosecution prove for bribery of a Commonwealth public official?

The prosecution must prove dishonest conduct involving a benefit and a corrupt purpose. This includes proving a benefit was provided, offered, or caused to be provided to influence a Commonwealth public official in the exercise of official duties, or that an official dishonestly asked for or received a benefit with the intention (or belief) that duties would be influenced.

Can a Commonwealth public official be charged for asking for or receiving a bribe?

Yes. A Commonwealth public official can commit the offence by dishonestly asking for a benefit, receiving a benefit, or agreeing to receive a benefit for themselves or another person as a bribe, where the official intends, or believes, that official duties will be influenced by that benefit.

What does “benefit” mean for this offence?

“Benefit” is defined in s 140.1 of the Criminal Code Act 1995 (Cth) as any advantage and is not limited to property. It can include non-cash advantages and arrangements that provide an advantage to a person, provided the alleged conduct satisfies the offence elements.

What does “intention to influence official duties” involve?

For giving or offering a benefit, the essential issue is whether the benefit was intended to influence the official in the exercise of official duties. For an official receiving or requesting a benefit, the issue is whether the official intended, or believed, that duties would be influenced by the benefit. Without that purpose, different Commonwealth offences may be considered.

How is this different from “corrupting benefits” involving a Commonwealth public official?

The key distinction is the mental element. Bribery requires an intention (or, for an official, an intention or belief) that official duties will be influenced. Where that intention cannot be proved on the evidence, an alternative allegation may be pursued under s 142.1 of the Criminal Code Act 1995 (Cth) concerning corrupting benefits.