ARTICLE
12 December 2017

Deferred Prosecution Agreement scheme and failure to prevent bribery offence for Australia

This new offence of failing to prevent foreign bribery is part of the reforms to the anti-bribery and corruption regime.
Australia Criminal Law

Breaking news

The Minister for Justice, Michael Keenan MP has announced that the Australian Coalition Government will today introduce new laws to establish a Deferred Prosecution Agreement as part of a raft of new reforms to Australia's anti-bribery and corruption regime. The introduction of these reforms comes ahead of International Anti-Corruption Day on Saturday and have been announced despite the Senate Economic References Committee being given a further extension to publish its report on the foreign bribery inquiry by 7 February 2018 rather than by 7 December 2017 as was originally planned.

The Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017 aims to:

  • Reduce barriers to investigations and prosecutions
  • Beef up offences pinging companies that operate overseas
  • Create a Deferred Prosecution Agreement regime (the first of its kind for Australia) that will encourage companies to be transparent and self-report
  • Push responsibility onto companies to strengthen their anti-bribery and corruption risk compliance systems by introducing a new offence of failing to prevent foreign bribery and an adequate procedures defence

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More