Strengthening Australia's legal framework against foreign bribery
Overview of Part II
This part concentrates on what legislative reforms are required
to overcome the current challenges of:
establishing criminal liability for companies for the offence of
- identifying instances of foreign bribery; and
- protecting whistleblowers who disclose foreign bribery.
It assesses the current
bills before Parliament—the Crimes Legislation (Combatting Corporate Crime)
Bill 2017 and the Treasury Laws Amendment (Enhancing Whistleblower Protections)
Bill 2017)—what they seek to address and what they overlook.
It draws on the evidence received by the committee regarding
the government's earlier consultations on proposed amendments to the foreign
bribery offence and a model for a deferred prosecution agreement scheme in
Australia. In particular, it examines how the proposed legislation correlates
to the respective public consultations on these issues. It also considers how
Australia's foreign bribery offence can be strengthened, and self-reporting
encouraged, to facilitate a more effective and efficient response to foreign
This part then looks at the role of whistleblowers in
identifying instances of foreign bribery. It evaluates Australia's current
whistleblower protections and considers how they can be improved, as well as
looking at the government's proposed amendments to the whistleblower protection
regime for the corporate and financial sectors.
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