Statutory Review of the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024
Overview
Under Section 4 of the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 (the Act), the Attorney-General must initiate a review of the amendments made by the Act 18 months after they commenced.
The Act introduced amendments to the offence of bribing a foreign public official under Division 70 of the Commonwealth Criminal Code and the Income Tax Assessment Act 1997. These amendments address key challenges with investigating and prosecuting cases of foreign bribery in Australia. The Act also introduced a new corporate offence of failure to prevent foreign bribery. This offence does not apply if the body corporate had adequate procedures in place designed to prevent an associate from committing foreign bribery.
The review will be undertaken by a review panel consisting of Ms Sarah Chidgey, Deputy Secretary of the Integrity and Security Group, Attorney-General’s Department and Ms Hilda Sirec, Deputy Commissioner National Security Investigations, Australian Federal Police (AFP).
The review will examine how the amendments made by the Act are operating. This includes whether the amendments have achieved their intended objectives and whether further amendments or other measures are necessary or desirable to improve the operation or enforcement of Australia’s foreign bribery and related offences.
Terms of Reference
The review will, in accordance with section 4 of the Act, examine the operation of the amendments made by the Act.
In particular, the review will consider whether:
- the amendments have achieved their intended objectives, including in relation to deterrence, enforcement outcomes and corporate practices
- further amendments or other measures are necessary or desirable to improve the operation or enforcement of Australia’s foreign bribery and related offences.
The review will undertake public consultation on these issues. An update on consultation outcomes in relation to the failure to prevent offence will be provided to the Attorney-General by 1 October 2026.
A written report of the review will be provided to the Attorney-General by 31 December 2026.
- Consultation Paper – Statutory Review of the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 [PDF 264KB]
- Consultation Paper – Statutory Review of the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 [DOCX 224KB]
Who we want to hear from
We are seeking feedback and input from all interested stakeholders and members of the public to inform the review. This includes:
- businesses, including large corporations and small and medium enterprises – particularly those engaged in international business activities
- civil society organisations
- legal practitioners and organisations
- peak industry bodies
- compliance professionals
- academics.
Privacy and information management
To support your participation in this consultation, we will collect some of your personal information. The privacy and security of your personal information is important to us and is protected by law. The Collection Notice, available below, outlines how we will collect your personal information, how it will be used and who it may be disclosed to. By participating in the consultation, you are indicating you have read and agree to the Collection Notice.
Have your say
Interests
- Bribery
- Corruption
- Criminal law
- Government
- Legislation
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