Corrupting Benefits Given To, or Received By, a Commonwealth Public Official
– section 142.1 of the Criminal Code Act 1995
You have either given a benefit or offered to give a benefit to a Commonwealth Public Official. Or you are a Commonwealth Public Official and have asked for or received a benefit.
- An international construction company want 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.
- You never gave anything to a Commonwealth public official.
- The conduct is required by law in the foreign official’s country.
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 chargeThe maximum penalty for this offence is imprisonment for 5 years.
This is a very serious offence which is heard in the County Court.
What is the legal definition of Corrupting Benefits Given To, or Received By, a Commonwealth Public Official?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.
“Was there a corrupt benefit?”