Other corrupting benefits – offence by agent

In force

(1)

A person commits an offence if:

(a)

the person is an agent (the agent); and

(b)

the agent intentionally:

(i) requests a benefit from a person for the agent or another person; or

(ii) obtains a benefit from a person for the agent or another person; or

(iii) agrees to obtain a benefit from a person for the agent or another person; and

(c)

the conduct mentioned in paragraph (b) is dishonest; and

(d) obtaining, or expecting to obtain, the benefit would tend to influence the agent to:

(i) be influenced or affected in the exercise of the agent's function as agent; or

(ii) do or not do something as agent, or because of the agent's position as agent; or

(iii) cause or influence the agent's principal, or another agent of the principal, to do or not do something; and

(e) the agent is reckless in relation to the circumstance mentioned in paragraph (d).

Maximum penalty: Imprisonment for 5 years.

Note for subsection (1)(c)

See section 43AGA in relation to the meaning of and fault element for dishonest conduct.

(2)

Strict liability applies to subsection (1)(a).

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