The expression 'obtain or retain business' in s 70.2(1)(c)(i) of the Criminal Code (Cth) bears its ordinary meaning and is not limited to 'directly' obtaining or retaining business. There is no requirement for a 'direct connection' between the bribe and the obtaining or retaining of business. Payments made for purposes such as ensuring a tenderer is not excluded from a tendering process, or ensuring a project runs smoothly, are capable of satisfying the element of obtaining or retaining business, provided the evidence supports a finding to the criminal standard that the intention was to influence the official in order to obtain or retain business. The two limbs of s 70.2(1)(c) may both be capable of being engaged on the same facts; this is addressed in the framing of the charge, not by reading down the first limb.
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