Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 442A

442A Definitions

(1) In this chapter—

"advice given" or words to the like effect includes every report, certificate, statement, and suggestion intended to influence the person to whom the same is made or given, and every influence deliberately or expressly exercised by one person over another.

"local government" ...

"agent" includes any corporation, firm, or person acting or having been acting, or desirous or intending to act, for or on behalf of any corporation, firm, or person, whether as agent, partner, co-owner, clerk, servant, employee, banker, broker, auctioneer, architect, clerk of works, charterer, master mariner, purser, or any member of the crew of a vessel, engineer, barrister, solicitor, legal practitioner, conveyancer, surveyor, buyer, salesperson, supervisor, trustee, official assignee, executor, administrator, liquidator, trustee in bankruptcy or of a deed of assignment, receiver, director, manager, or other officer or member of the committee or governing body of any corporation, club, partnership, or association, or in any other capacity, either alone or jointly with any other corporation, firm, or person, and whether in the person’s own name or in the name of the person’s principal or otherwise, and also includes a Minister of the Crown, and a person serving under the Crown or a Minister of the Crown, or corporation representing the Crown, and a person serving under any local government, harbour board, water authority, or any other local or public body constituted by or under any Act.

"contract" includes contract of sale or of employment, or any other contract whatever including an order for any commodity.

"court" means the Supreme Court or a judge thereof, or magistrate or justices having jurisdiction with respect to an offence against this chapter.

"in relation to his or her principal’s affairs or business" implies the additional words ‘whether within the scope of his or her authority or course of his or her employment as agent or not’.

"person having business relations with the principal" includes the Crown, a Minister of the Crown, or corporation representing the Crown, or any local government, harbour board, water authority, or any other local or public body constituted by or under any Act; also every corporation, firm, or other person, whether as principal or agent, carrying on or having carried on or desirous or intending to carry on any negotiation or business with any principal, or engaged or interested or having been engaged or interested in the performance of any contract with or in the execution of any work or business for or in the supply of any goods or chattels to any principal; and also includes any agent or employee of the Crown, a Minister of the Crown, or corporation representing the Crown, or of any local government, harbour board, water authority, or any other local or public body constituted by or under any Act, or of any such corporation, firm, or other person.

"principal" includes a corporation, firm, or other person for or on behalf of whom the agent acts, has acted, or is desirous or intending to act; the term also includes the Crown, a Minister of the Crown, or corporation representing the Crown, or any local government, harbour board, water authority, or any other local or public body constituted by or under any Act for or on behalf of whom the agent acts, has acted, or is desirous or intending to act.

"solicit any valuable consideration" and
"valuable consideration solicited" , and words to the like effect, shall be construed with the following directions, namely, that every agent who diverts, obstructs, gives untruthful reports, or interferes with the proper course of business or manufacture, or impedes or obstructs, or fails to use due diligence in the prosecution of any negotiation or business with the intent to obtain the gift of any valuable consideration from any other person interested in the said negotiation or business, or with intent to injure any such person, shall be deemed to have solicited a valuable consideration from a person having business relations with the principal of such agent.

"trustee" includes the public trustee, an executor, administrator, liquidator, official assignee, or trustee in bankruptcy, receiver, administrator appointed under the Guardianship and Administration Act 2000 , person having power to appoint a trustee, or person entitled to obtain probate of the will or letters of administration to the estate of a deceased person, or any other person occupying a fiduciary position.

"valuable consideration" includes any real or personal property; also money, loan, office, place, employment, agreement to give employment, benefit, or advantage whatsoever, and any commission or rebate, payment in excess of actual value of the goods or service, deduction or percentage, bonus or discount, or any forbearance to demand any moneys or moneys’ worth or valuable thing; also some detriment, loss or responsibility given, suffered, or taken, or the refraining from carrying out or doing something which lawfully should be done; and the acceptance of any of the said things shall be deemed the receipt of a valuable consideration.
The offer of any valuable consideration includes any offer of any agreement or promise to give, and every holding out of any expectation of valuable consideration.
The receipt of any valuable consideration includes any acceptance of any agreement, promise, or offer to give, or of any holding out of any expectation of valuable consideration.
Prohibition of indirect acts

(2) Any act or thing prohibited by this chapter is prohibited whether done directly or indirectly by the person mentioned or by or through any other person.