Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAIR WORK ACT 2009 - SECT 536D

Giving, receiving or soliciting a corrupting benefit

Giving a corrupting benefit

             (1)  A person (the defendant ) commits an offence if:

                     (a)  the defendant 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 defendant does so with the intention of influencing a registered organisations officer or employee (who may be the other person):

                              (i)  in the performance of his or her duties or functions as such an officer or employee; or

                             (ii)  in the exercise of his or her powers or performance of his or her functions under this Act or the Registered Organisations Act; or

                            (iii)  to give an advantage of any kind in connection with the relevant affairs, which would not be legitimately due, to the defendant, a spouse (within the meaning of the Registered Organisations Act) or associated entity of the defendant, or a person who has a prescribed connection with the defendant.

Penalty:

                     (a)  for an individual--imprisonment for 10 years or 5,000 penalty units, or both; or

                     (b)  for a body corporate--25,000 penalty units.

Receiving or soliciting a corrupting benefit

             (2)  A person (the defendant ) commits an offence if:

                     (a)  the defendant dishonestly :

                              (i)  requests (whether or not expressly and whether or not by threats); or

                             (ii)  receives or obtains; or

                            (iii)  agrees to receive or obtain;

                            a benefit from a person (the provider ) for the defendant or another person; and

                     (b)  the defendant does so with the intention that, or the intention that the provider believes that, the receipt, or expectation of the receipt, of the benefit will influence a registered organisations officer or employee (who may be the defendant):

                              (i)  in the performance of his or her duties or functions as such an officer or employee; or

                             (ii)  in the exercise of his or her powers or performance of his or her functions under this Act or the Registered Organisations Act; or

                            (iii)  to give an advantage of any kind in connection with the relevant affairs , which would not be legitimately due, to the provider, a spouse (within the meaning of the Registered Organisations Act) or associated entity of the provider, or a person who has a prescribed connection with the provider.

Penalty:

                     (a)  for an individual--imprisonment for 10 years or 5,000 penalty units, or both; or

                     (b)  for a body corporate--25,000 penalty units.

No need for actual influence etc.

             (3)  For the purposes of paragraphs (1)(b) and (2)(b):

                     (a)  the defendant's intention does not need to be in relation to a particular registered organisations officer or employee; and

                     (b)  the defendant's intention does not need to be in relation to a registered organisations officer or employee performing or exercising duties, functions or powers in a particular way, or giving a particular advantage to a particular person; and

                     (c)  the provider mentioned in subsection (2) does not need to actually believe anything; and

                     (d)  it is not necessary that any person actually be influenced.

Giving an advantage which would not be legitimately due

             (4)  In a prosecution for an offence against subsection (1) or (2), the determination of whether an advantage would not be legitimately due is a matter for the trier of fact.

             (5)  For the purposes of subparagraphs (1)(b)(iii) and (2)(b)(iii), an advantage may be given in any way, including by doing or not doing a thing, or causing or influencing another person to do or not do a thing.

             (6)  In working out whether an advantage would not be legitimately due to a person, disregard:

                     (a)  whether the advantage might be, or be perceived to be, customary, necessary or required in the situation; and

                     (b)  the value of the advantage; and

                     (c)  any official tolerance of the advantage.

Meaning of benefit in this section

             (7)  In this section:

"benefit " includes any advantage and is not limited to property.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback