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Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023

The Law Council of Australia provided a submission to the Senate Legal and Constitutional Affairs Committee (the Committee) in response to its inquiry into the Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023 (the Bill).

Part 1 of Schedule 1 to the Bill would amend the offence of bribery of a foreign public official under section 70.2 of the Criminal Code Act 1995 (Cth) (the Criminal Code) and introduce a new offence of failure of a body corporate to prevent foreign bribery by an associate under proposed section 70.5A.

Part 2 of Schedule 1 contains consequential amendments to the Income Tax Assessment Act 1997 (Cth) to preserve the existing rule, which prohibits a person from claiming as a deduction for a loss or outgoing a bribe to a foreign public official.

The Law Council supports legislation and other measures that effectively address foreign bribery and corruption. Such measures assist in ensuring the integrity and transparency of international business contracts, and preventing the exploitation of vulnerable economies and people.

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