536DGiving, receiving or soliciting a corrupting benefit

536D Giving, receiving or soliciting a corrupting benefit

Giving a corrupting benefit

(1) A person (the defendant) commits an offence if:

(a) the defendant dishonestly:

(i) provides a benefit to another person; or

(ii) causes a benefit to be provided to another person; or

(iii) offers to provide, or promises to provide, a benefit to another person; or

(iv) causes an offer of the provision of a benefit, or a promise of the provision of a benefit, to be made to another person; and

(b) the defendant does so with the intention of influencing a registered organisations officer or employee (who may be the other person):

(i) in the performance of his or her duties or functions as such an officer or employee; or

(ii) in the exercise of his or her powers or performance of his or her functions under this Act or the Registered Organisations Act; or

(iii) to give an advantage of any kind in connection with the relevant affairs, which would not be legitimately due, to the defendant, a spouse (within the meaning of the Registered Organisations Act) or associated entity of the defendant, or a person who has a prescribed connection with the defendant.

Penalty:

(a) for an individual—imprisonment for 10 years or 5,000 penalty units, or both; or

(b) for a body corporate—25,000 penalty units.

Receiving or soliciting a corrupting benefit

(2) A person (the defendant) commits an offence if:

(a) the defendant dishonestly:

(i) requests (whether or not expressly and whether or not by threats); or

(ii) receives or obtains; or

(iii) agrees to receive or obtain;

a benefit from a person (the provider) for the defendant or another person; and

(b) the defendant does so with the intention that, or the intention that the provider believes that, the receipt, or expectation of the receipt, of the benefit will influence a registered organisations officer or employee (who may be the defendant):

(i) in the performance of his or her duties or functions as such an officer or employee; or

(ii) in the exercise of his or her powers or performance of his or her functions under this Act or the Registered Organisations Act; or

(iii) to give an advantage of any kind in connection with the relevant affairs, which would not be legitimately due, to the provider, a spouse (within the meaning of the Registered Organisations Act) or associated entity of the provider, or a person who has a prescribed connection with the provider.

Penalty: