CORRUPTION OFFENCES under the Prevention of Corruption Act 2002

Section 4: Bribery by Public Official

A Public Official solicits, accepts or obtains a gratification in the execution of his functions and duties.

Section 5: Bribery of Public Official

A person gives, agrees to give or offers a gratification to a public official in the execution of his functions and duties.

Section 6: Taking gratification to screen offender from punishment

Any person who accepts or obtains, or agrees to accept or attempts to obtain, a gratification in consideration of his concealing an offence, or his screening any other person from legal proceedings for an offence, or his not proceeding against any other person in relation to an alleged offence, or his abandoning or withdrawing, or his obtaining or endeavouring to obtain the withdrawal of, a prosecution against any other person.

Section 7: Public Official using his office for gratification

Any public official who makes use of his office or position for a gratification for himself or another person.

Section 8(1): Bribery of a public official to influence the decision of a public body.

(1) Any person who gives, or agrees to give, or offers, to a public official, a gratification for-

(a) voting or abstaining from voting, or having voted or abstained from voting, at a meeting of a public body of which he is a member, director or employee, in favour of or against any measure, resolution or question submitted to the public body;

(b) performing or abstaining from performing, or aiding in procuring, expediting, delaying, hindering or preventing, or having performed or abstained from performing, or having aided in procuring, expediting, delaying, hindering or preventing, the performance of an act of a public body of which he is a member, director or employee;

(c) aiding in procuring, or preventing, or having aided in procuring or preventing, the passing of any vote or the granting of any contract or advantage in favour of any other person

Section 8(2) Bribery by Public official to influence the decision of a public body

Any public official who solicits or accepts a gratification for either (a), (b) or (c) as mentioned in section 8(1).

Section 9: Influencing a Public Official

Any person who exercises violence or pressure upon a public official with a view to the performance of an act in the execution of his functions or duties.

Section 10(1): Trafic d’Influence

Any person who gives or offers a gratification to another person, to cause a public official to use his influence, real or fictitious, to obtain any benefit from a public body.

Section 10(2): Trafic d’influence

Any person who gives or offers a gratification to another person to use his influence, real or fictitious, to obtain any benefit from a public body.

Section 10(3) Trafic d’influence

Any person who offers a gratification to public official to cause that public official to use his influence, real or fictitious, to obtain any benefit from a public body

Section 10 (4) Trafic D’influence

Any person who solicits, accepts or obtains a gratification from any other person for himself or for another person in order to make use of his influence, real or fictitious, to obtain any benefit from a public body

Section 10(5) Trafic D’influence

Any public official who solicits, accepts or obtains a gratification from any other person for himself or for any other person in order to make use of his influence, real or fictitious, to obtain any work, employment, contract or other benefit from a public body

Section 11: Public Official taking gratification

Any public official who solicits, accepts or obtains a gratification from any other person for himself or for any other person in order to make use of his influence, real or fictitious, to obtain any benefit from a public body.

Section 12 (1): Bribery for procuring contract

Any person who gives or offers a gratification to a public official in consideration of that public official using influence in:

(a)    promoting, executing, or procuring a contract with a public body for the performance of a work, the supply of a service, or the procurement of supplies;

(b)   the payment of the price provided for in a contract with a public body;

(c)    obtaining for that person or for any other person, an advantage under a contract for work or procurement,

Section 12(2): Bribery for procuring contracts

Any public official who solicits, accepts or obtains from any other person, for himself or for any other, a gratification forgiving assistance or using influence to (see (a); (b); (c) above)

Section 13(1): Conflict of interests

Where a public body in which a public official is a member, director or employee proposes to deal with a company, partnership or other undertaking in which that public official has a direct or indirect interest; and that public official and/or his relative or associate hold more than 10 per cent of the total issued share capital or of the total equity participation in such company, partnership or other undertaking, that public official shall disclose such interest.

Section 13 (2): Conflict of interests

Where a public official or a relative or associate of his has a personal interest in a decision which a public body is to take, that public official shall not vote or take part in any proceedings of that public body relating to such decision.

Section 14: Treating of Public Official

It is an offence for any person who, while having dealings with a public body, offers a gratification to a public official who is a member, director or employee of that public body.

(NB: There does not have to be any specific motive specified behind the offer)

Section 15: Receiving a gift for a corrupt purpose

It is an offence for any public official to solicits, accepts or obtains a gratification for himself or for any other person –

(a)from a person, whom he knows to be concerned in any proceeding or business transacted by him, or having any connection with his functions or those of any public official to whom he is subordinate or of whom he is the superior; or

(b) from a person whom he knows to be interested in or related to the person so concerned

(NB: There does not have to be any specific motive specified behind the proposed payment)

Section 16(1) Corruption of Agent

Any agent without the consent of the principal solicits, accepts or obtains gratification for doing or abstaining from doing an act in the execution of his functions or duties or in relation to the principal’s affairs or business shall commit an offence.

Section 16 (2): Corruption of agent.

Any person who gives or agrees to give or offers, a gratification to an agent for doing or abstaining from doing an act in the execution of his functions or duties or in relation to his principal’s affairs or business or for having done or abstained from doing such act, shall commit an offence.

Section 17: Corruption to provoke a serious offence.

Where a person has committed a corruption offence with the object of committing or facilitating the commission of a crime.

Section 47 (4): Making false statement during Commission Hearing.

It is an offence for a person to make a statement which is false or misleading in the course of a hearing whereby the ICAC is carrying out an investigation.

Section 49 (5) Victimisation of witnesses

It is an offence for a person to commit an act of victimisation against another person who has made a disclosure in relation to an act of corruption.

“Victimisation” means an act:

(a)which causes injury, damage or loss; (b) of intimidation or harassment; (c)of discrimination, disadvantage or adverse treatment in relation to a person’s employment; or (d)amounting to threats of reprisals