Crimes Act 1900 No 40
Historical version for 7 July 2003 to 7 July 2003 (accessed 24 November 2014 at 14:48) Current version
Part 4A

Part 4A Corruptly receiving commissions and other corrupt practices

249A   Definitions

In this Part:

agent includes:

(a)  any person employed by, or acting for or on behalf of, any other person (who in this case is referred to in this Part as the person’s principal) in any capacity,
(b)  any person purporting to be, or intending to become, an agent of any other person (who in this case is referred to in this Part as the person’s principal), and
(c)  any person serving under the Crown (which in this case is referred to in this Part as the person’s principal), and
(d)  a police officer (and in this case a reference in this Part to the agent’s principal is a reference to the Crown), and
(e)  a councillor within the meaning of the Local Government Act 1993 (and in this case a reference in this Part to the agent’s principal is a reference to the local council of which the person is a councillor).

benefit includes money and any contingent benefit.

249B   Corrupt commissions or rewards

(1)  If any agent corruptly receives or solicits (or corruptly agrees to receive or solicit) from another person for the agent or for anyone else any benefit:
(a)  as an inducement or reward for or otherwise on account of:
(i)  doing or not doing something, or having done or not having done something, or
(ii)  showing or not showing, or having shown or not having shown, favour or disfavour to any person,
in relation to the affairs or business of the agent’s principal, or
(b)  the receipt or any expectation of which would in any way tend to influence the agent to show, or not to show, favour or disfavour to any person in relation to the affairs or business of the agent’s principal,
the agent is liable to imprisonment for 7 years.
(2)  If any person corruptly gives or offers to give to any agent, or to any other person with the consent or at the request of any agent, any benefit:
(a)  as an inducement or reward for or otherwise on account of the agent’s:
(i)  doing or not doing something, or having done or not having done something, or
(ii)  showing or not showing, or having shown or not having shown, favour or disfavour to any person,
in relation to the affairs or business of the agent’s principal, or
(b)  the receipt or any expectation of which would in any way tend to influence the agent to show, or not to show, favour or disfavour to any person in relation to the affairs or business of the agent’s principal,
the firstmentioned person is liable to imprisonment for 7 years.
(3)  For the purposes of subsection (1), where a benefit is received or solicited by anyone with the consent or at the request of an agent, the agent shall be deemed to have received or solicited the benefit.

249C   Misleading documents or statements used or made by agents

(1)  Any agent who uses, or gives to the agent’s principal, a document which contains anything that is false or misleading in any material respect, with intent to defraud the agent’s principal, is liable to imprisonment for 7 years.
(2)  Any agent who makes a statement to the agent’s principal which is false or misleading in any material respect, with intent to defraud the principal, is liable to imprisonment for 7 years.

249D   Corrupt inducements for advice

(1)  If a person corruptly gives a benefit to another person for giving advice to a third person, being advice which the person giving the benefit intends will influence the third person:
(a)  to enter into a contract with the person who gives the benefit, or
(b)  to appoint the person who gives the benefit to any office,
and, at the time the benefit is given, the person who gives the benefit intends the giving of the benefit not be made known to the person advised, the person who gives the benefit is liable to imprisonment for 7 years.
(2)  If a person corruptly receives a benefit for giving advice to another person, being advice which is likely to influence the other person:
(a)  to enter into a contract with the person who gave the benefit, or
(b)  to appoint the person who gave the benefit to any office,
and, at the time the benefit is received, the person who receives the benefit intends the giving of the benefit not be made known to the person to be advised, the person who receives the benefit is liable to imprisonment for 7 years.
(3)  For the purposes of subsections (1) and (2), where a benefit is given or received by anyone with the consent or at the request of another person, the other person shall be deemed to have given or received the benefit.
(4)  If any person corruptly offers or solicits a benefit for the giving of advice by one person to another:
(a)  intending that the advice will influence the person advised:
(i)  to enter into a contract with anyone, or
(ii)  to appoint anyone to any office, and
(b)  intending that the giving or receipt of the benefit not be made known to the person advised,
the firstmentioned person is liable to imprisonment for 7 years.
(5)  In this section:
(a)  a reference to the giving of advice includes a reference to the providing of information orally or in writing,
(b)  a reference to entering into a contract includes a reference to offering to enter into a contract, and
(c)  a reference to the appointment of a person includes a reference to:
(i)  joining in the appointment of the person, and
(ii)  voting for or assisting in the election or appointment of the person.

249E   Corrupt benefits for trustees and others

(1)  In this section, a reference to a person entrusted with property is a reference to:
(a)  a trustee of the property,
(b)  an executor or administrator appointed for the purpose of dealing with the property,
(c)  a person who, because of a power of attorney or a power of appointment, has authority over the property, and
(d)  a person or a member of a committee managing or administering the property (or appointed or employed to manage or administer the property) under the Mental Health Act 1958 or Protected Estates Act 1983.
(2)  Any person who offers or gives a benefit to a person entrusted with property, and any person entrusted with property who receives or solicits a benefit for anyone, without the consent:
(a)  of each person beneficially entitled to the property, or
(b)  of the Supreme Court,
as an inducement or reward for the appointment of any person to be a person entrusted with the property, are each liable to imprisonment for 7 years.
(3)  In this section, a reference to the appointment of a person includes a reference to:
(a)  joining in the appointment of the person, and
(b)  assisting in the appointment of the person.
(4)  Proceedings for an offence under this section shall not be commenced without the consent of the Attorney General.
(5)  A consent to commence any such proceedings purporting to have been signed by the Attorney General is evidence of that consent without proof of the signature of the Attorney General.

249F   Aiding, abetting etc

(1)  A person who aids, abets, counsels, procures, solicits or incites the commission of an offence under this Part is guilty of an offence and is liable to imprisonment for 7 years.
(2)  A person who, in New South Wales, aids, abets, counsels or procures the commission of an offence in any place outside New South Wales, being an offence punishable under the provisions of a law in force in that place which corresponds to a provision of this Part, is guilty of an offence and is liable to imprisonment for 7 years.

249G   Repayment of value of gift etc

(1)  If a person is convicted of an offence under this Part, the court may (as well as imposing a penalty for the offence) order the person to pay to such other person as the court directs the whole or part of the amount or the value, assessed by the court, of any benefit received or given by the person.
(2)  Any money payable to a person under this section may be recovered in a court of competent jurisdiction as a debt due to the person.

249H   Disqualification for office

If a person is convicted of an offence under this Part, the person is disqualified from holding civic office for the purposes of the Local Government Act 1993, for the period of 7 years from the conviction or such lesser period as the court may order.

249I   Dismissal of trivial case

If, in any proceedings for an offence under this Part, it appears to the court that the offence is of a trivial or merely technical nature, the court may in its discretion dismiss the case.

249J   Custom not a defence

In any proceedings for an offence under this Part, it is not a defence that the receiving, soliciting, giving or offering of any benefit is customary in any trade, business, profession or calling.
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