Author: Bill Doogue
Practice area: Bribery & Corruption
Bill is a founding Director of Doogue + George, ranked by Doyle's Guide as a Preeminent Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1998 with over 30 years of experience in complex criminal and corporate matters. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Bill authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Corrupting Benefits Given To, or Received By, a Commonwealth Public Official?
Corrupting Benefits Given To, or Received By, a Commonwealth Public Official is a Commonwealth offence under section 142.1 of the Criminal Code Act 1995. It targets improper benefits connected with Commonwealth public officials.
Key points
- The prosecution must prove dishonest provision/offer of a benefit to a Commonwealth public official, or dishonest requesting/receiving of a benefit by an official.
- The benefit must be one that would ordinarily tend to influence the official when exercising their official duties.
- This offence is usually heard in the County Court.
The maximum penalty for Corrupting Benefits Given To, or Received By, a Commonwealth Public Official is imprisonment for 5 years.
Common defences may include no benefit was given to a Commonwealth public official; the person involved was not a Commonwealth public official; the benefit could not have influenced the exercise of official duties; the conduct is 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.
Under this section, the benefit given or received must be one that would ordinarily tend to influence the Commonwealth public official when exercising their official duties.
Police may charge you with this as an alternative to Bribery of a Commonwealth Public Official under s141.1 of the Criminal Code Act 1995. You can read more about that charge here.
Have you been accused of Corrupting Benefits Given To, or Received By, a Commonwealth Public Official? You should arrange a conference with one of our specialist criminal defence lawyers for guidance on how to best approach your case.
Police Interview
Have you been contacted by Police? Maybe you suspect they will contact you soon? You should contact a lawyer to obtain legal advice before attending a Police Interview. An interview is part of the investigation process, and they will be aiming to gather evidence to be used against you. We can explain your rights and may be able to accompany you to the interview. There is great utility in speaking with a specialist lawyer at the earliest opportunity to ensure your best interests are preserved.
Questions you may want to ask your lawyer about the interview process:
- Should I answer their questions?
- What will occur at the interview?
- If I provide responses, will that make it more likely the charges will not proceed?
- Will I be remanded in custody?
The Law
The section that covers this offence is section 142.1 of the Criminal Code Act 1995.
What is the legal definition of Corrupting Benefits Given To, or Received By, a Commonwealth Public Official?
An offence is committed if you dishonestly provide a benefit, cause a benefit to be provided, or offer a benefit to be provided to a person who is a Commonwealth Public Official, and the provision of that benefit would tend to influence the public official in the exercise of their duties as a 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 (section 142.1(3) of the Criminal Code Act), and that receipt or request would tend to influence them in the exercise of their duties as a public official.
Section s140.1 of the Criminal Code Act 1995 defines a “benefit” as any advantage and is not limited to property.
Was there a corrupt benefit?
Examples of Corrupting Benefits Given To, or Received By, 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.
Pleading Not Guilty
We are experienced at carefully examining briefs of evidence, looking for issues in the prosecution case and preparing your defence. There are various ways to fight this charge.
We work to investigate the allegations ourselves, looking for evidence that may support your defence. Our lawyers’ proactive approach to defending clients charged with the offence of Corrupting Benefits Given To, or Received By, a Commonwealth Public Official, can lead to charges being withdrawn or an acquittal.
Defences
Example:
- You did not give a benefit to a Commonwealth public official.
- The individual you gave something to was not a Commonwealth public official.
- The benefit you obtained as a Commonwealth Public Official could not have influenced the exercise of your official duties.
- 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.
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?
Pleading Guilty
If 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.
We can make recommendations for material which will be beneficial for your matter. We can also gather character references and information as to your personal history to put forward in Court. Context to the offending and who you are as a person are very important and must be properly conveyed to the Court.
Maximum Penalty and Court That Deals With This Charge
The maximum penalty for the offence of Corrupting Benefits Given To, or Received By, a Commonwealth Public Official (s142.1 of the Criminal Code Act 1995) is imprisonment for 5 years.
This is an offence which is usually heard in the County Court.
What Can You Be Sentenced to for This Charge?
This charge can be very serious and, if found guilty, you may face imprisonment. However, if the gift or conduct is only of a minor value, that would be reflected in the sentencing and a fine is more likely. Each case turns on its own facts and it is important that all relevant matters are properly and persuasively put before the Court.
Ask your lawyer what penalty is likely in your case.
