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An Anti-Bribery and Corruption Policy is a formal corporate governance document that sets out an organisation's commitment to preventing bribery, corruption, and related misconduct in all of its business activities — domestically in Australia and internationally. It defines what conduct is prohibited, who the policy applies to, how gifts and hospitality must be managed, what due diligence must be conducted on third parties, how suspected breaches should be reported, how whistleblowers will be protected, and what training will be provided to ensure all covered persons understand their obligations. Australian organisations are subject to an interlocking framework of anti-bribery legislation at both the Commonwealth and state and territory levels. The centrepiece of Australia's foreign bribery regime is Division 70 of the Criminal Code Act 1995 (Cth), which makes it a federal criminal offence to offer, provide, or cause to be provided a benefit to a foreign public official with the intention of influencing them in the exercise of their official duties to obtain or retain a business advantage. The maximum penalty for individuals convicted of a foreign bribery offence under Division 70 is 10 years' imprisonment. Corporations can also be held criminally liable for the foreign bribery of their associates (including agents, contractors, and related entities) unless the corporation can demonstrate that it took reasonable precautions to prevent the conduct — a standard that requires having a genuine, documented compliance program in place. The foreign bribery laws were significantly strengthened by the Crimes Legislation Amendment (Combatting Corporate Crime) Act 2024 (Cth), which came into force in February 2024. This Act introduced a new offence of "failure to prevent foreign bribery" (s 70.5A of the Criminal Code Act 1995 (Cth)), under which a body corporate is automatically criminally liable if one of its associates commits a foreign bribery offence, unless the body corporate had in place "adequate procedures" to prevent the conduct. This change substantially increases the compliance burden on Australian companies with international operations and makes a robust, documented Anti-Bribery Policy a legal necessity rather than merely a best practice. Domestic bribery of Australian public officials is separately prohibited by Division 141 of the Criminal Code Act 1995 (Cth) (which applies to Commonwealth public officials) and by state and territory bribery and corruption offences. These include the Crimes Act 1900 (NSW) ss 249B-249E (corrupt benefits), the Criminal Code Act 1899 (Qld) ss 55-58, and equivalent provisions in all other states and territories. Corruption involving elected officials and public sector employees in New South Wales, Queensland, Western Australia, and other states is also subject to investigation by independent commissions including the NSW Independent Commission Against Corruption (ICAC), the Queensland Crime and Corruption Commission (CCC), and the Western Australia Corruption and Crime Commission (CCC). Gifts, entertainment, and hospitality are a common vector for bribery risk, particularly in industries involving close relationships with government clients, procurement decisions, or international counterparties. An Anti-Bribery Policy must clearly define what gifts and hospitality are acceptable (with a monetary threshold), what requires prior approval, what is absolutely prohibited (such as cash gifts), and how all gifts must be recorded in a centralised register. Facilitation payments — small payments to government officials to speed up routine administrative processes — are specifically prohibited under Division 70 of the Criminal Code Act 1995 (Cth) and must be addressed explicitly in the policy. Third-party intermediaries, agents, and representatives present the greatest bribery risk for Australian organisations operating internationally, because they may make corrupt payments on behalf of the organisation without its direct knowledge. Section 70.4 of the Criminal Code Act 1995 (Cth) provides that a body corporate can be liable for the foreign bribery of its "associates" — a category that includes agents — even without the organisation's knowledge, unless it took reasonable precautions. A documented third-party due diligence process is therefore essential. Whistleblower protections are an integral part of any effective Anti-Bribery Policy. Under Part 9.4AAA of the Corporations Act 2001 (Cth), as amended by the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019, eligible whistleblowers who report suspected bribery or corruption in good faith are entitled to legal protection from detrimental action, confidentiality of their identity, and the ability to seek compensation if they suffer reprisals. This Anti-Bribery and Corruption Policy template is suitable for Australian companies of all sizes — from small proprietary limited companies to ASX-listed public companies — operating in any industry and in any jurisdiction. It is particularly important for organisations with international operations, government clients, complex supply chains, or activities in markets identified by Transparency International as having elevated corruption risk.

What Is a Anti-Bribery and Corruption Policy (Australia)?

An Australian Anti-Bribery and Corruption Policy is a formal corporate governance document that sets out an organisation's commitment to preventing bribery, corruption, and related misconduct, and that describes the practical controls, procedures, and standards of conduct required to meet that commitment. It operates within a comprehensive legal framework imposed by Australian Commonwealth and state and territory legislation, and serves both as a compliance instrument — helping the organisation meet its legal obligations and demonstrate adequate procedures — and as a cultural statement of the organisation's ethical values.

The centrepiece of Australia's anti-bribery regime is Division 70 of the Criminal Code Act 1995 (Cth), which prohibits the bribery of foreign public officials. The Crimes Legislation Amendment (Combatting Corporate Crime) Act 2024 (Cth) significantly strengthened this regime by introducing the 'failure to prevent foreign bribery' offence under s 70.5A, under which a corporation is automatically criminally liable if an associate commits a foreign bribery offence, unless the corporation had adequate procedures in place. This means that a documented, operational Anti-Bribery Policy is now a legal necessity for any Australian company with international operations or third-party intermediaries who interact with foreign governments.

Australia is a signatory to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and takes an active role in international anti-corruption efforts. The Australian Federal Police (AFP) and ASIC are the primary enforcement agencies, working alongside state and territory anti-corruption bodies such as the NSW ICAC, the Victorian IBAC, and the Queensland CCC.

When Do You Need a Anti-Bribery and Corruption Policy (Australia)?

Every Australian business — regardless of size, industry, or geographic footprint — should have a formal Anti-Bribery and Corruption Policy. The policy is particularly critical in the following circumstances: organisations with international operations, especially in countries with elevated corruption risk as identified by Transparency International's Corruption Perceptions Index; organisations that engage third-party agents, consultants, or representatives who interact with government officials on their behalf; organisations that compete for government contracts or that have regulatory relationships with government agencies; organisations operating in industries with historically elevated corruption risk, including construction, resources, defence, pharmaceuticals, and telecommunications; and ASX-listed companies and large proprietary companies required to maintain a whistleblower policy under s 1317AI of the Corporations Act 2001 (Cth).

The policy is also essential when a company is conducting due diligence in preparation for a merger, acquisition, or new business relationship — the absence of an Anti-Bribery Policy is a significant red flag in commercial due diligence and may affect the valuation or terms of a transaction. Following the introduction of the failure to prevent offence in 2024, the absence of documented adequate procedures exposes the entire board and senior management to personal accountability risk.

What to Include in Your Anti-Bribery and Corruption Policy (Australia)

A comprehensive Australian Anti-Bribery and Corruption Policy must address the following key elements. The policy must clearly identify its scope — who it applies to — including not only employees but also contractors, agents, consultants, third-party intermediaries, and joint venture partners who represent the greatest external bribery risk. The prohibited conduct section must address all forms of bribery (offering, giving, receiving, and facilitating), facilitation payments (which are illegal in Australia), and the use of third parties to make indirect corrupt payments.

The gifts, entertainment, and hospitality section must set clear monetary thresholds, require prior approval for gifts above those thresholds, prohibit cash gifts in all circumstances, and require all gifts to be recorded in a centralised register. The third-party due diligence section must describe the process for assessing the bribery risk of agents and intermediaries before engagement and for monitoring their conduct during the relationship.

The reporting section must identify accessible channels for reporting suspected breaches — including anonymous reporting options — and must describe the whistleblower protections available under Part 9.4AAA of the Corporations Act 2001 (Cth). The training section must specify who must complete anti-bribery training, how often, and what the training covers. The consequences section must describe the range of disciplinary and legal consequences for breach, including the potential for criminal prosecution under Division 70 of the Criminal Code Act 1995 (Cth). Finally, the policy must specify the review frequency and the role responsible for monitoring compliance and reporting to the board.

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Modern Slavery Statement (Australia)

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