The Code carries an extensive definition that is detailed below. One of the more important parts of it is that it can include a person who holds themselves out as an authorised intermediary of a foreign public official.
However, a lobbyist in the Australian sense, who is not an intermediary but whose job it is to convince people to support or initiate business dealings is not a foreign official.
Section 70.1 of the Criminal Code defines ‘foreign public official’. The definition is broad and includes:
- an individual who performs official duties under a foreign law
- an employee of a foreign public enterprise
- an employee or official of a public international organisation
- an employee or official of a foreign government
- an authorised intermediary of a public official (or a person who represents themselves to be so)
- a member of the executive, legislature or judiciary of a foreign country, including heads of state, ministers and their staff
- an individual holding an official post as a result of a local custom
- an individual standing or nominated as a candidate to be a foreign public official
- an individual providing a public service as defined in the foreign country’s domestic law.
Have you been charged with bribery of a foreign official or want learn more? Read on:
- Elements of the charge of bribery of a foreign public official
- Penalties for bribery of a foreign public official
- What is a benefit in a foreign bribery case?
- Facilitation payments
- Who is a foreign official in a bribery case?
- Defences to charges of bribing a foreign official
- Using a criminal lawyer in bribery of a foreign official matters
