Criminal Code Act 1924
266Secret commissions, &c.
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266 Secret commissions, &c.
(1) Any person who –
(a) corruptly gives or agrees to give, or offers to an agent, or to any other person on his behalf; or
(b) being an agent, corruptly solicits, receives, obtains, or agrees to accept for himself or any person other than his principal –
any gift or consideration as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to the principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to the same, is guilty of a crime.
Charge: Corruption in relation to business.
(2) Any person who knowingly gives to an agent, or any agent who knowingly receives or uses with intent to deceive his principal, any receipt, account, or other document in respect of which his principal is interested, or which relates to any dealing, transaction, or matter in which his principal is interested, and which contains any statement which is false or erroneous, or defective in any material particular, is guilty of a crime.
Charge: Corruptly using a false document.
(3) For the purposes of this section –
(a) agent includes any person employed by or acting for another, and any person serving under the Crown or under any corporation or public body;
(b) consideration means any kind of valuable consideration;
(c) principal includes any employer.
(4) In any proceedings under this section, where it is proved that any consideration has been solicited or received by an agent from, or given or offered to an agent by, any person having business relations with the principal, the burden of proving that such consideration was not solicited, received, given, or offered in contravention of the provisions of this section shall be on the accused.
(5) In any such proceedings as aforesaid it shall be a defence to prove that the consideration was solicited, received, given, or offered with the principal's knowledge, and that he was aware of all facts material to the transaction.