Foreign bribery

28 March 2018

© Commonwealth of Australia 2018
ISBN 978-1-76010-759-8

View the report as a single document - (PDF 1737KB)

View the report as separate downloadable parts:

Senate Economics References Committee (PDF 21KB)
Abbreviations and acronyms (PDF 15KB)
Foreword (PDF 18KB)
Recommendations (PDF 14KB)
PART I - Part I (PDF 11KB)
Chapter 1 - Introduction (PDF 56KB)

Conduct of inquiry
Scope and structure of the report

Chapter 2 - Australia's anti-foreign bribery framework (PDF 170KB)

International obligations
Domestic implementation of international obligations
Assessment of Australia's implementation of international obligations
Committee view

Chapter 3 - Investigation and enforcement (PDF 305KB)

Government departments and agencies
Criticisms of Australia's enforcement of foreign bribery legislation
Factors contributing to a lack of enforcement
Recent initiatives to improve enforcement
Phase 4 OECD Report
Committee view

PART II - Overview of Part II (PDF 18KB)
Chapter 4 - Reforming the foreign bribery offence (PDF 240KB)

Including candidates for office in the definition of foreign public official
Clarify offence of 'improperly influencing' a foreign public official
Extend the offence to cover bribery to obtain a personal advantage
Corporate criminal liability in Australia
Other reforms to the foreign bribery offence
Introducing a lesser offence of recklessness

Chapter 5 - Encouraging self-reporting by corporations—A deferred prosecution agreement scheme (PDF 170KB)

What are deferred and non-prosecution agreements?
Implementing a deferred prosecution agreement scheme in Australia
Key features of the DPA scheme proposed in the CCC bill
Committee view

Chapter 6 - Protecting whistleblowers who expose foreign bribery (PDF 154KB)

Current whistleblower protections
Whistleblowers need to be better supported
Suggestions for reform
Recent reviews into whistleblowing protections
Recent legislative developments
Committee view

PART III - Overview of Part III (PDF 18KB)
Chapter 7 - The facilitation payment defence (PDF 18KB)

Current position in Australia
International move towards abolishing the facilitation payment defence
Facilitation payment defence in Australia
Stakeholder opinion
Arguments in favour of abolishing the facilitation payment defence
Committee view

Chapter 8 - Other reform options (PDF 253KB)

Expansion of the register of beneficial ownership
Committee view
Integrity in public procurement
Committee view
Building a culture of compliance
Committee view

Appendix 1 - Examples of foreign bribery involving Australian entities (PDF 207KB)
Coalition Senators Additional Comments (PDF 200KB)

General comments
Chapter 3—Investigation and enforcement
Chapter 4—Reforming the foreign bribery offence
Chapter 5—Encouraging self-reporting by corporations—A deferred prosecution agreement scheme
Chapter 6—Protecting whistleblowers who expose foreign bribery
Chapter 7—The facilitation payment defence
Chapter 8—Other reform options

Appendix 2 - Submissions and additional documents (PDF 18KB)

Tabled Documents
Answers to Questions on Notice
Additional Information

Appendix 3 - Public hearings (PDF 16KB)

Committee Secretariat contact:

Senate Standing Committees on Economics
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 3540