Which act in Australia makes it illegal to bribe a foreign official?

Question

BlackTom AI · Accepted Answer

Question restatement: The prompt asks which act in Australia makes it illegal to bribe a foreign official, and it provides a single listed answer option: 'a. The Criminal Code Act'.

Option analysis:
- Option A: 'The Criminal Code Act' — This is close in intent but incomplete as named. In Australia, criminal law addressing bribery of foreign public officials is contained in the Commonwealth Criminal Code, formally known as the Criminal Code Act 1995 (Cth). This Act codifies offenses such as foreign bribery and bribery of foreign public officials within its schedule of offences. If the option intends to reference 'The Criminal Code Act' without the year, it may be understood, but the precise and commonly cited title is 'Criminal Code Act 1995 (Cth)'. The key point is that bribery of foreign officials is criminalized at the Commonwealth level under this legislation, and not in a state-only statute, ensuring extraterritorial reach in many cases.

- Why this is correct in context: The Criminal Code Act 1995 (Cth) contains provisions that prohibit giving or offering a bribe to a foreign public official, aligning with international anti-bribery standards and Australia’s obligations under instruments like the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. The statute provides the substantive offenses, mens rea requirements (often intentionally and knowingly), and penalties applicable to such conduct.

- Why this option might be imperfect or contested: If the wording is strictly 'The Criminal Code Act' without the year (1995) or the 'Cth' designation, some could argue about precision in the formal name. In Australian law, there isn’t a standalone Act simply titled 'Criminal Code Act'; the full citation is 'Criminal Code Act 1995 (Cth)'. This nuance matters for exact legal references, but the intended answer is clearly the Commonwealth Criminal Code that covers foreign bribery.

Common misconceptions addressed:
- Some might think foreign bribery is addressed only by the bribery offenses in the Australian Securities and Investments Commission (ASIC) regime or by state offences; however, the key offense is indeed within the Commonwealth Criminal Code Act 1995, which applies to federal public officials and, in many provisions, to foreign officials as well.
- It’s not exclusive to domestic bribery against Australian officials; the act specifically targets corruption involving foreign public officials, aligning with international anti-bribery frameworks.

Summary takeaway:
- The appropriate act is the Commonwealth Criminal Code Act 1995 (Cth). A perfectly precise answer would state 'Criminal Code Act 1995 (Cth)' to avoid ambiguity. The option given ('The Criminal Code Act') points to the correct legislative framework, but precision in the title matters for formal references.

MKTG205_S2 Quiz 2

Which act in Australia makes it illegal to bribe a foreign official?

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