This article will discuss corruptly receiving commissions and other corrupt practices under the Crimes Act 1900. Read on to learn about corruptly receiving commissions and other corrupt practices.
Section 249A: Definitions
In Section 249A of corruptly receiving commissions and other corrupt practices, the following definitions apply:
“Agent” includes:
- Any person employed by, acting for, or on behalf of another person (referred to in this section as the “principal”) in any capacity.
- Any person who claims to be or intends to become an agent of another person (referred to in this section as the “principal”).
- Any person serving under the Crown (referred to in this section as the “principal”).
- A police officer (referred to in this section as the “principal”).
- A councillor within the meaning of the Local Government Act 1993 (referred to in this section as the “principal”).
- A councillor within the meaning of the Aboriginal Land Rights Act 1983 (referred to in this section as the “principal”).
- A member of the board of a Local Aboriginal Land Council within the meaning of the Aboriginal Land Rights Act 1983 (referred to in this section as the “principal”).
“Benefit” includes money and any contingent benefit.
Section 249B: Corrupt Commissions or Rewards
Section 249B of corruptly receiving commissions and other corrupt practices outline the following
An agent who corruptly receives or requests (or corruptly agrees to receive or request) any benefit from another person for the agent or for anyone else, under the following circumstances, is guilty of an offence and is liable to imprisonment for 7 years:
- The benefit is given as an inducement or reward for, or otherwise on account of, the agent:
- doing or not doing something, or having done or not having done something; or
- 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.
- The receipt or expectation of the benefit 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.
Additional Provisions
A person who 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 under the following circumstances is guilty of an offence and is liable to imprisonment for 7 years:
- The benefit is given as an inducement or reward for, or otherwise on account of, the agent’s:
- doing or not doing something, or having done or not having done something; or
- 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.
- The receipt or expectation of the benefit 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.
For the purposes of Section 249B (1), where a benefit is received or requested by anyone with the consent or at the request of an agent, the agent shall be considered to have received or requested the benefit.
Section 249C: Misleading Documents or Statements Used or Made by Agents
According to Section 249C of corruptly receiving commissions and other corrupt practices, an agent who:
- Uses or provides their principal with a document that contains any false or misleading information in a significant way, to defraud the principal,
is guilty of an offence and is liable to imprisonment for 7 years.
Additionally, an agent who:
- Makes a statement to their principal that is false or misleading in a significant way, to defraud the principal,
is guilty of an offence and is liable to imprisonment for 7 years.
Section 249D: Corrupt Inducements for Advice
Section 249D of corruptly receiving commissions and other corrupt practices outlines the following:
- A person who corruptly gives a benefit to another person in exchange for advice provided to a third person, with the intention that the advice will influence the third person to:
- Enter into a contract with the person who gave the benefit; or
- Appoint the person who gave the benefit to any office; and
- At the time the benefit is given, the person who gives the benefit intends for the giving of the benefit not to be disclosed to the person advised;
is guilty of an offence and is liable to imprisonment for 7 years.
Moreover, a person who corruptly receives a benefit for providing advice to another person, with the intention that the advice will likely influence the other person to:
- Enter into a contract with the person who gave the benefit; or
- Appoint the person who gave the benefit to any office; and
- And, at the time the benefit is received, the person who receives the benefit intends for the giving of the benefit to not be disclosed to the person to be advised;
is guilty of an offence and is liable to imprisonment for 7 years.
Furthermore, for the purposes of 249D(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 considered to have given or received the benefit.
Additional Provisions
Additionally, a person who corruptly offers or solicits a benefit for the provision of advice by one person to another, with the intention that the advice will influence the person advised to:
- Enter into a contract with anyone; or
- Appoint anyone to any office;
- And, when the benefit is offered or solicited, the person intends for the giving or receipt of the benefit to not be disclosed to the person advised, is guilty of an offence and is liable to imprisonment for 7 years.
Lastly, in this section:
- “Giving of advice” includes providing information orally or in writing.
- “Entering into a contract” includes offering to enter into a contract.
- “Appointment of a person” includes:
- Joining in the appointment of the person; or
- Recommending the appointment of the person.
Section 249E: Corrupt Benefits for Trustees and Others
Section 249E of corruptly receiving commissions and other corrupt practices outlines the following:
(1) A person is guilty of an offence if:
- They corruptly offer or give a benefit to a person who is responsible for managing or controlling property, with the intention of influencing the appointment of another person to that role; or
- They themselves are responsible for managing or controlling property and corruptly receiving or solicit a benefit for any person, with the intention of influencing the appointment of another person to that role.
The maximum penalty for this offence is imprisonment for 7 years.
(2) In this section, the term “person entrusted with property” includes:
- A trustee of the property
- An executor or administrator appointed to manage the property
- A person who has authority over the property due to a power of attorney or a power of appointment
- A person who manages or administers the property under the NSW Trustee and Guardian Act 2009
(3) The term “appointment of a person” includes:
- Participating in the appointment of the person
- Assisting in the appointment of the person
Section 249F: Aiding, Abetting, Etc.
Section 249F of corruptly receiving commissions and other corrupt practices outlines the following:
(1) Any individual who assists, encourages, advises, arranges, requests, or persuades another person to commit an offence under this Part is guilty of an offence and is liable to imprisonment for 7 years.
(2) Any individual who, while in New South Wales, assists, encourages, advises, or arranges for another person to commit 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.
Section 249G: Repayment of Value of Gift, etc.
Section 249G of corruptly receiving commissions and other corrupt practices outlines the following:
(1) In addition to imposing a penalty, the court may also order a person convicted of an offence under this Part to pay to another person, as directed by the court, all or part of the amount or value, as 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 collected in a court of competent jurisdiction as a debt owed to the person.
Section 249H: Disqualification for Office
Section 249H of corruptly receiving commissions and other corrupt practices outlines disqualification for office. A person convicted of an offence under this Part is disqualified from holding civic office under the Local Government Act 1993 for a period of 7 years. The disqualification period starts from the date of conviction or such shorter period as the court may order.
Section 249I: Dismissal of Trivial Case
Section 249I of corruptly receiving commissions and other corrupt practices outlines the dismissal of trivial cases. In any proceedings for an offence under this Part, if the court determines that the offence is minor or purely technical in nature, the court may, at its discretion, dismiss the case.
Section 249J: No Defence Due to Customary Practices
Section 249J states that in any legal proceedings involving an offence under this Part, it is not considered a valid defence that the acceptance, solicitation, giving, or offering of any benefit is a common practice within a particular trade, business, profession, or occupation.
How Can JB Solicitors Help?
JB Solicitors‘ highly skilled lawyers can assist you in various ways if you are facing allegations of corrupt practices under the Crimes Act 1900:
- Reviewing the Evidence: Our lawyers thoroughly review the evidence against you and assess the strength of the prosecution’s case.
- Identifying Potential Defences: JB Solicitors’ expertise lies in identifying potential defences that may be applicable to your situation.
- Negotiating with the Prosecution: Our lawyers skillfully negotiate with the prosecution on your behalf to seek a favourable plea agreement.
- Representing You in Court: If your case goes to trial, JB Solicitors’ unwavering commitment extends to representing you in court.
Contact us today if you need more information about corruptly receiving commissions and other corrupt practices.
