179Gift or receipt of secret commission in return for advice given[[9]](#endnote-10)

179 Gift or receipt of secret commission in return for advice given[[9]](#endnote-10)

S. 179(1) amended by No. 9576 s. 11(1).

(1) Whenever any advice is given by one person to another and such advice is in any way intended to induce or influence the person advised—

(a) to enter into a contract with any third person; or

(b) to appoint or join with another in appointing or to vote for or to aid in obtaining the election or appointment or to authorize or join with another in authorizing the appointment of any third person as trustee—

and any valuable consideration is given by such third person to the person giving the advice without the assent of the person advised the gift or receipt of the valuable consideration shall be an indictable offence, but this subsection shall not apply when the person giving the advice was to the knowledge of the person advised the agent of such third person, or when the valuable consideration was not given in respect of such advice.

S. 179(2) amended by No. 9576 s. 11(1).

(2) Any offer or solicitation of a valuable consideration in respect of any advice given or to be given by one person to another with a view to induce or influence the person advised—

(a) to enter into a contract with the person offering or solicited; or

(b) to appoint or join with another in appointing or to vote for or to aid in obtaining the election or appointment or to authorize or join with another in authorizing the appointment of the person offering or solicited as trustee—

and with the intent that the gift or receipt of such valuable consideration is not to be made known to the person advised shall be an indictable offence, but this subsection shall not apply when such first‑mentioned person is the agent of the person offering or solicited.

S. 179(3) amended by No. 9576 s. 11(1).

(3) Any person on conviction of an indictable offence under any of the provisions of this section shall—

S. 179(3)(a) amended by Nos 9554 s. 2(2)(Sch. 2 item 54), 36/1988 s. 8(c)(i)(ii), 25/1989 s. 20(d), 49/1991 s. 119(1)

(a) be liable if a corporation to a level 5 fine and if any other person to level 5 imprisonment (10 years maximum) or a level 5 fine or both.

S. 179(3)(b) repealed by No. 36/1988 s. 8(c)(iii).

S. 180 amended by Nos 9554 s. 2(2)(Sch. 2 item 54), 9576 s. 11(1), 36/1988 s. 8(d), 25/1989 s. 20(e), 57/1989 s. 3(Sch. item 42.5), 49/1991 s. 119(1) (Sch. 2 item 48), 48/1997 s. 60(1)(Sch. 1 item 68), substituted by No. 20/2025 s. 3.