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Draft guidance on adequate procedures to prevent the commission of foreign bribery

The submission to the Commonwealth Attorney-General’s Department in response to the Australian Government’s Draft guidance on the steps a body corporate can take to prevent an associate from bribing foreign public officials (Draft Guidance), released on 2 December 2019 was prepared by the Law Council. 

The Law Council considers that it is entirely appropriate that the proposed legislation that has been introduced contemplates the provision of this guidance. Specifically the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019 (the Bill), introduced in the Senate in December 2019, contains proposed section 70.5B which provides that the Attorney-General must publish guidance on the steps that a body corporate can take to prevent an associate from bribing foreign officials.

The Law Council’s input to the Draft Guidance should be read in the context of earlier submissions that the Law Council has made in relation to the Bill to the Senate Legal and Constitutional Affairs Legislation Committee dated 14 January 2020. In that submission, the Law Council has highlighted a number of concerns with the proposed new corporate offence of failing to prevent foreign bribery, recommending that several problematic features of the offence be reconsidered.

You can read the full submission below.

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