Neil Williams of business crime solicitors Rahman Ravelli sees it as part of a greater recognition by governments of the need to tackle corporate wrongdoing.

Legislation is set to be introduced in Australia that will both increase corporate criminal liability and introduce deferred prosecution agreements (DPAs).

The federal government has tabled the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019 in the Senate.

Measures in the Bill include:

- A new "failure to prevent" foreign bribery offence.

- A DPA scheme which will, in some investigations, allow a corporation to reach a negotiated settlement with the authorities rather than face a criminal prosecution.

- Broadening the existing offence of bribery of a foreign public official.

The latest Bill differs from the Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2017 – that lapsed at the end of the last Federal Parliament in June 2019 - in a number of ways.

Under the latest Bill, a corporation will not have to admit guilt to be considered for a DPA: instead there only has to be the requirement that certain facts be agreed. The broadening of the offence of bribery of a foreign public official means it will now cover candidates for public office and bribery to obtain a personal advantage.

Read the guide: Bribery And Corruption - Responding To National And International Investigations.

The Bill's new offence of failing to prevent foreign bribery will make a company criminally liable where one of its associates - an officer, employee, contractor, agent or other service provider - bribes a foreign public official for the company's profit or gain, unless the company can demonstrate that it had "adequate procedures" in place to prevent the offence. It is similar to Section 7 of the UK's Bribery Act.

The new Bill, while not yet law, emphasises Australia's determination to tackle corporate wrongdoing. It is just the latest example of governments identifying a need to develop and tighten their anti-corruption laws – and this is a focus that is going to continue to develop throughout the world.

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