Corrupt inducements for advice

Offence title:

Corrupt inducements for advice

Act:

249D Crimes Act (NSW)

Offence:

(1)   If Person A corruptly gives a benefit to Person B with the intention B will influence Person C:

(a)   To enter a contract with A, or

(b)   To appoint A to any office,

And, at the time the benefit was given, Person A intends the benefit given not be made known to Person C. Person A commits an offence.

(2)   If Person A corruptly receives a benefit, from Person C for providing advice to Person B, being advice that is likely to influence B

(a)   To enter into a contract with C, or

(b)   To appoint C to any office,

And, at the time the benefit was given, Person A intends the benefit given not be made known to Person C. Person A commits an offence.

(4)   If Person A corruptly offers or solicits a benefit for the giving of advice by Person B to Person C:

(a)   Intending the advice will influence Person C,

                                           i.         To enter into a contract with anyone, or

                                         ii.         To appoint anyone to any office, and

(b)   Intending that the giving or receipt of the benefit is not made known to Person C.

Person A commits an offence.

Penalty:

(1)   Imprisonment 7 years.

(2)   Imprisonment 7 years.

(3)   Imprisonment 7 years.

Summary/Indictable/mixed:

Mixed – if the benefit received or sought exceeds $5,000, otherwise the matter is a Summary offence.

Jurisdiction:

Local, District or Supreme Court.

How committed:

(1)   A property developer, A, pays a real estate agent, B, to talk up the virtues of buying a property off the plan to purchaser C, in circumstances where neither A nor B tells C of the benefit received by B from A.

(2)   A real estate agent, B, receives money from an property developer A, to talk up the virtues of buying a property off the plan to purchaser C, in circumstances where neither A nor B tells C of the benefit received by B from A.

(4)   A offers money to B to convince C to enter a contract, without C being made aware that A was paying B to convince C to enter the contract.

Important note:

For the purposes of subsections (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 deemed to have given or received the benefit.

Giving of advice includes a reference to the providing of information orally or in writing.

Entering into a contract includes a reference to offering to enter into a contract.

Appointment of a person includes a reference to joining in the appointment of the person and voting for or assisting in the election or appointment of the person.

Benefit includes money and any contingent benefit.

s.249G Repayment of value of gift etc

(1)   If a person is convicted of an offence under this Part, the court may (as well as imposing a penalty for the offence) order the person to pay to such other person as the court directs the whole or part of the amount or the value, 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 recovered in a court of competent jurisdiction as a debt due to the person.

s.249H Disqualification for office

If a person is convicted of an offence under this Part, the person is disqualified from holding civic office for the purposes of the Local Government Act 1993, for the period of 7 years from the conviction or such lesser period as the court may order.

s.249I Dismissal of trivial case

If, in any proceedings for an offence under this Part, it appears to the court that the offence is of a trivial or merely technical nature, the court may in its discretion dismiss the case.

s.249J Custom not a defence

In any proceedings for an offence under this Part, it is not a defence that the receiving, soliciting, giving or offering of any benefit is customary in any trade, business, profession or calling.