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The Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023 (Cth) passed Federal Parliament on 29 February 2024.
The Bill creates a new offence of failing to prevent bribery of a foreign official by an associate (which is broadly defined), and represents a fundamental shift in how corporations can be prosecuted for bribery in Australia. The only available defence is proof that adequate procedures had been adopted to prevent the bribery.
The new crime is drawn from a similar provision in the UK Bribery Act, so there are significant learnings from that jurisdiction. Similarly, global standards on what constitutes due diligence has been guided by the USA for decades. Join our experts from the UK, Australia and the US to discuss the implications of the new law.
The panel discussion will cover:
- How exposure of entities with an Australian nexus has changed?
- What will constitute adequate procedures?
- Comparative review of the Australian/UK and US laws in relation to corporate criminal liability for bribery and role and design of ABC compliance programs.
- What do businesses need to do now?
CPD Information
This session is valid for 1 CPD unit. Please ensure this meets the requirements within your jurisdiction. To find out more, visit our CLE Library.
Recommended CPD category:
- Substantive law (NSW/Vic/WA/Qld) | Core Area 4 - Substantive law and procedural law (ACT)]
Disclaimer: You must check the professional requirements applicable in your own jurisdiction to ensure that the webinar content and activity format is eligible for CPD units in a given CPD year. Please refer to guidance here.
The contents of this webinar may not be current as at the date of accessing this webinar. Our webinars are intended to provide general information and do not constitute legal advice.
Key details
Moderator:
- Abigail McGregor, Partner
Presenters:
- Rajaee Rouhani, Partner
- Paul Devlin, Partner
- Andrew Reeves, Partner
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Speakers
Rajaee Rouhani | Partner, Melbourne
Paul Devlin | Partner, Perth
Andrew Reeves | Partner, London
Abigail McGregor | Partner, Melbourne
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