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.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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