Fair Work Act 2009

A person (the defendant) commits an offence if:

the defendant dishonestly:

provides a benefit to another person; or

causes a benefit to be provided to another person; or

offers to provide, or promises to provide, a benefit to another person; or

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

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

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

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

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.

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

for a body corporate—25,000 penalty units.

A person (the defendant) commits an offence if:

the defendant dishonestly:

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

receives or obtains; or

agrees to receive or obtain;

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):

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

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

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.

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

for a body corporate—25,000 penalty units.

For the purposes of paragraphs (1)(b) and (2)(b):

the defendant’s intention does not need to be in relation to a particular registered organisations officer or employee; and

the defendant’s intention does not need to be in relation to a registered organisations officer or employee performing or exercising duties, functions or powers in a particular way, or giving a particular advantage to a particular person; and

the provider mentioned in subsection (2) does not need to actually believe anything; and

it is not necessary that any person actually be influenced.

In a prosecution for an offence against subsection (1) or (2), the determination of whether an advantage would not be legitimately due is a matter for the trier of fact.

For the purposes of subparagraphs (1)(b)(iii) and (2)(b)(iii), an advantage may be given in any way, including by doing or not doing a thing, or causing or influencing another person to do or not do a thing.

In working out whether an advantage would not be legitimately due to a person, disregard:

whether the advantage might be, or be perceived to be, customary, necessary or required in the situation; and

the value of the advantage; and

any official tolerance of the advantage.

In this section: