WA Compliance Under Scrutiny: Adapting to Australia's Rigorous Foreign Bribery Reforms (2024)

In response to Australia's newly enacted Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 (Cth), the demands on corporate compliance have intensified. To address these challenges, the Association of Corporate Counsel WA Division, in partnership with MinterEllison Perth Office, present a critical panel session: "Compliance Under Scrutiny: Adapting to Australia's Rigorous Foreign Bribery Reforms".

The session, facilitated by Mike Hales, Office Managing Partner of MinterEllison Perth Office, will feature expert insights from:
Louise Seery, General Counsel, Department of Jobs, Tourism, Science and Innovation; and
Mark Lewis, Head of Compliance, Woodside Energy Ltd

Our panel will explore the stringent requirements set forth by the new legislation, particularly focusing on the heightened scrutiny of corporate compliance programs and the pivotal role of 'adequate procedures' in safeguarding against liability. Key discussions will include the expanded scope of foreign bribery offences, the implications of absolute liability, and the absence of a deferred prosecution regime, all of which collectively raise the stakes for Australian and international businesses alike.

Attendees will gain actionable strategies to adapt their compliance frameworks to meet these rigorous new standards, ensuring they are well-prepared to mitigate the increased risks of prosecution under this transformative legal reform.

Agenda:
4:30 PM: Registration and Networking
4:45 PM: Panel Discussion Begins, facilitated by Mike Hales
5:30 PM: Q&A Session and Closing Remarks
5:45 PM: Networking Reception

This event is essential for in-house counsel, compliance professionals, and corporate leaders seeking to fortify their defences in response to Australia’s enhanced foreign bribery laws. We look forward to your participation in this timely and important discussion.

WA Compliance Under Scrutiny: Adapting to Australia's Rigorous Foreign Bribery Reforms (1)

Louise Seery, General Counsel, Department of Jobs Tourism, Science and Innovation

Louise is an experienced in-house lawyer and the General Counsel at the Department of Jobs Tourism, Science and Innovation (JTSI).

Louise has over 20 years of experience as a lawyer, both in the private sector and in State and Commonwealth government agencies. She has held legal positions in Canberra, Sydney, Dublin and Perth. Her experience in Western Australia includes senior legal roles with the Department of Mines and Petroleum, the National Offshore Petroleum Safety and Environmental Management Authority and JTSI.

Louise advises on a wide range of legal matters, including commercial agreements, resources law, litigation, grants and financial assistance agreements, administrative law, employment and board matters. This spans across the agency and includes significant work for Tourism WA, JTSI’s international trade offices, Science and Innovation, Industry Development, Defence West and Resources and Project Facilitation. She also provides legal support to the Risk and Governance and Procurement areas of the agency and is a member of the JTSI Audit and Risk Committee.

WA Compliance Under Scrutiny: Adapting to Australia's Rigorous Foreign Bribery Reforms (2)

Mark Lewis, Head of Compliance Legal, Woodside Energy Ltd

Mark is Head of Compliance Legal at Woodside Energy Ltd, where he is responsible for co-managing Woodside’s ABC compliance program and overseeing the provision of ABC legal advice across Woodside’s international business. Prior to that, he was a Director of Enforcement at the Australian Competition & Consumer Commission and also worked in private practice in the area of competition and regulatory investigations and disputes.

WA Compliance Under Scrutiny: Adapting to Australia's Rigorous Foreign Bribery Reforms (3)

Moderator: Mike Hales, Office Managing Partner, MinterEllison

I have more than 25 years' experience to bring to my client's benefit, both in the UK and Australia. I represent industry-leading clients in the energy and resources, property and construction sectors. Much of my work has been international, in courts and arbitrations.

I view disputes as business problems with legal aspects – if the commercial aspects can be resolved, the legal issues tend to follow. It is crucial to direct resources at the issues that truly matter.

I have regularly acted as an advocate and mediator. I enjoy devising time- and cost-effective ways to resolve disputes and thinking laterally to overcome issues.

I recognise the importance of our pro bono work. My pro bono work includes conducting prosecutions for the RSPCA in Western Australia, acting for the Western Australian Men’s Shed Association and the administrators of an Aboriginal corporation, all on a pro bono basis.

*Competitor Exclusion – ACC Australia Partner’s may request that representative/s of a competitor organisation/s registered for the event be excluded, and ACC Australia reserves the right to make the final decision as to whether a registration is rejected. As a guide, a competitor organisation could be defined as a rival organisation of similar size to the host Corporate Partner, with an established practice, product or service in the area being showcased by the Corporate Partner’s at the event. Please provide a brief statement as to why you have deemed an organisation to be a competitor, in support of any request to ACC Australia to reject a registration.

WA Compliance Under Scrutiny: Adapting to Australia's Rigorous Foreign Bribery Reforms (2024)

FAQs

What are the new bribery laws in Australia? ›

Modelled on similar provisions in the UK Bribery Act 2010, the legislation establishes a new criminal offence for Australian bodies corporate which fail to prevent foreign bribery for the profit or gain of the company by an associate – attracting penalties of $31.3 million or higher.

What is the foreign bribery bill in Australia? ›

The CFB Bill, which passed the Senate on 29 February 2024, creates a new 'failure to prevent' foreign bribery offence for body corporates, and broadens the current foreign bribery offence by extending the category of public officials and the kinds of conduct it applies to.

What is the combatting foreign bribery bill 2024? ›

The Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 passed through Parliament in February 2024 and introduces a new corporate offence of failure to prevent foreign bribery under section 70.5A of the Criminal Code Act 1995.

What is the CFB Bill Australia? ›

The Combatting Foreign Bribery (CFB) Bill aims to reform Australia's foreign bribery offences. It passed Federal Parliament on 29 February 2024 and will come into effect six months after the Governor-General formally accepts it and provides Royal Assent.

What are the four Offences under the Bribery Act? ›

The main four offences under the Act are: bribing another person (section 1); being bribed (section 2); bribing a foreign public official (section 6); and.

What amount of money is considered a bribe? ›

Under California law, commercial bribery occurs when an employee "solicits, accepts, or agrees to accept money or anything of value" over $250 from anyone other than their employer, "corruptly and without the consent of the employer," in exchange for using their position to benefit the person giving the bribe.

Which one is the toughest anti-bribery laws in the world? ›

"The Bribery Act 2010".

What is the Foreign bribery Act USA? ›

The Foreign Corrupt Practices Act (FCPA) is US legislation that makes it illegal to provide anything of value to a foreign government official or political party in order to obtain an unfair advantage.

Which bribery does the FCPA prohibit? ›

The FCPA is a federal law, enforced by the U.S. Department of Justice, which prohibits payments, gifts, or even offers of “anything of value” to a “foreign official” for the purpose of influencing the official or otherwise “securing any improper advantage” in obtaining, retaining or directing business.

What is the purpose of the Australian Law Reform Commission? ›

The Australian Law Reform Commission is an independent Australian Government agency that provides recommendations for law reform to Government on issues referred to it by the Attorney-General of Australia.

What is Prokick Australia? ›

Prokick Australia, established in 2007, serves as a premier institution dedicated to the training, mentorship, and successful transition of Australian athletes into the collegiate and professional ranks of American football, particularly within the College/NFL sphere.

What is an Australian bill? ›

A bill is a proposal for a new law or a change to an existing one. A bill becomes a law if it is passed in identical form by both the House of Representatives and the Senate, and given Royal Assent by the Governor-General.

What are the rules for Bribery Act? ›

It is illegal to offer, promise, give, request, agree, receive or accept bribes - an anti-bribery policy can help protect your business. You should have an anti-bribery policy if there is a risk that someone who works for you or on your behalf might be exposed to bribery.

What is the bribery law in NSW? ›

The common law offence of bribery is the receiving or offering of an undue reward by or to any person in public office, in order to influence that person's behaviour in that office, and to incline that person to act contrary to accepted rules of honesty and integrity.

What is Section 7 of the Bribery Act? ›

Obtain or retain a business advantage for their organisation. The penalty which will be administered to the organisation will consist of: – The individual (employee or associated person of the organisation) liable on conviction on indictment to a fine. – The organisation will also potentially face an unlimited fine.

What is bribery and corruption in Australia? ›

Source of law. The Criminal Code Act 1995 (Cth) Offence. Section 70.2: Bribery of a Foreign Public Official Offence: A person commits an offence if they provide or offer to provide a benefit to another person that is not legitimately due to the other person, with the intention of influencing a foreign public official 1.

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