Bribery of a foreign public official is a serious federal criminal offence prosecuted under section 70.2 of the Criminal Code Act 1995 (Cth). The AFP and the CDPP take a proactive and rigorous approach to these matters, including transnational investigations and cooperation with foreign law enforcement agencies. Australia’s foreign bribery laws extend beyond Australian borders, and an Australian individual or corporation can face prosecution here even where the conduct occurred entirely overseas.

The offence is deliberately broad. It is not limited to direct payments of cash. A person commits the offence if they provide, offer, or promise a benefit, or cause one to be provided, with the intention of improperly influencing a foreign public official in the exercise of their duties, in order to obtain or retain business or a business advantage. The prosecution does not need to prove the scheme succeeded, that a particular official was targeted, or that the accused personally stood to gain.

Corporations face equivalent exposure. Under Division 12 of the Criminal Code, a company can be criminally liable for foreign bribery committed by its employees and agents, including where a corporate culture existed that directed, encouraged, or tolerated the conduct, or where the company failed to maintain a culture requiring compliance. Since 8 September 2024, a separate corporate offence under section 70.5A also applies: a company can now be prosecuted for failing to prevent bribery by its associates, with a defence available only where the company proves it had adequate procedures in place to prevent such conduct.

The penalties reflect the seriousness with which these offences are treated. For individuals, the maximum is 10 years imprisonment and a fine of up to 10,000 penalty units. For corporations, the penalty is the greatest of 100,000 penalty units, three times the value of the benefit obtained, or, where the benefit cannot be determined, 10% of the company’s annual turnover. Benefits obtained through foreign bribery can also be forfeited under the Proceeds of Crime Act 2002 (Cth).

The legal questions these cases turn on are rarely simple. Whether a payment was “legitimately due”, whether a facilitation payment qualifies under section 70.4, who falls within the definition of a “foreign public official”, and how corporate criminal liability is established under Division 12 are contested issues that require careful analysis of the specific facts. The same conduct can carry very different legal consequences depending on how the evidence is characterised and what defences are available.

Effective representation in a foreign bribery matter does not begin at trial. By the time charges are laid, the AFP will typically have been building its brief for a significant period, often drawing on search warrants, international information sharing, and financial records. A lawyer experienced in this area can engage with the investigation from its earliest stages, advising on obligations, identifying weaknesses in the prosecution case, and shaping the approach long before the matter reaches court.

The AFP and the Commonwealth DPP are vigilant in pursuing criminal charges in relation to bribery. In order to effectively defend the charges you will require the expertise and strategic planning of a criminal lawyer who is experienced in this area.

Have you been charged with bribery of a foreign official or want learn more? Read on:

Defending Against Bribery Charges