Chapter 7—The proper administration of Government

Part 7.6—Bribery and related offences

Division 141—Bribery

141.1 Bribery of a Commonwealth public official Giving a bribe

(1) A person is guilty of an offence if:
(a) the person dishonestly:
(i) provides a benefit to another person; or
(ii) causes a benefit to be provided to another person; or
(iii) offers to provide, or promises to provide, a benefit to another person; or
(iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and
(b) the person does so with the intention of influencing a public official (who may be the other person) in the exercise of the official's duties as a public official; and
(c) the public official is a Commonwealth public official; and
(d) the duties are duties as a Commonwealth public official.

(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:
(a) that the official was a Commonwealth public official; or
(b) that the duties were duties as a Commonwealth public official.

Chapter 7—The proper administration of Government

Part 7.6—Bribery and related offences

Division 141—Bribery

Receiving a bribe

(3) A Commonwealth public official is guilty of an offence if:

(a) the official dishonestly:
(i) asks for a benefit for himself, herself or another person; or
(ii) receives or obtains a benefit for himself, herself or another person; or
(iii) agrees to receive or obtain a benefit for himself, herself or another person; and

(b) the official does so with the intention:
(i) that the exercise of the official's duties as a Commonwealth public official will be influenced; or
(ii) of inducing, fostering or sustaining a belief that the exercise of the official's duties as a Commonwealth public official will be influenced.

Chapter 7—The proper administration of Government

Part 7.6—Bribery and related offences

Division 141—Bribery

Penalty for individual

(5) An offence against subsection (1) or (3) committed by an individual is punishable on conviction by imprisonment for not more than 10 years, a fine not more than 10,000 penalty units, or both.

Chapter 7—The proper administration of Government

Part 7.6—Bribery and related offences

Division 145—Offences relating to forgery

145.1 Using forged document

(1) A person is guilty of an offence if:

(a) the person knows that a document is a false document and uses it with the intention of:
(i) dishonestly inducing another person in the other person's capacity as a public official to accept it as genuine; and
(ii) if it is so accepted, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function; and

(b) the capacity is a capacity as a Commonwealth public official.

Penalty: Imprisonment for 10 years.

(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the capacity was a capacity as a Commonwealth public official.

(3) A person is guilty of an offence if:

(a) the person knows that a document is a false document and uses it with the intention of:
(i) dishonestly causing a computer, a machine or an electronic device to respond to the document as if the document were genuine; and
(ii) if it is so responded to, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function; and

(b) the response is in connection with the operations of a Commonwealth entity.

Penalty: Imprisonment for 10 years.

(4) In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the response was in connection with the operations of a Commonwealth entity.

(5) A person is guilty of an offence if:

(a) the person knows that a document is a false document and uses it with the intention of:
(i) dishonestly inducing another person to accept it as genuine; and
(ii) if it is so accepted, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function; and

(b) the false document is a false Commonwealth document.

Penalty: Imprisonment for 10 years.

(6) In a prosecution for an offence against subsection (5), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.

(7) A person is guilty of an offence if:

(a) the person knows that a document is a false document and uses it with the intention of:
(i) dishonestly causing a computer, a machine or an electronic device to respond to the document as if the document were genuine; and
(ii) if it is so responded to, dishonestly obtaining a gain, dishonestly causing a loss, or dishonestly influencing the exercise of a public duty or function; and

(b) the false document is a false Commonwealth document. Penalty: Imprisonment for 10 years.

(8) In a prosecution for an offence against subsection (7), it is not necessary to prove that the defendant knew that the false document was a false Commonwealth document.