South Australian Current Acts South Australian Current Acts (1) A person who
bribes a fiduciary to exercise an unlawful bias is guilty of an offence.
Maximum penalty: Imprisonment for 7 years.
(2) A person bribes a
fiduciary to exercise an unlawful bias if the person—
(a)
gives or offers to give a benefit intending that the fiduciary will, in return
for the benefit, exercise a fiduciary function in a particular way; and
(b)
knows or believes that the fiduciary will not make an appropriate disclosure
of the benefit or expected benefit to the principal or is reckless as to
whether or not the fiduciary will make such a disclosure.
(3) A fiduciary who
accepts a bribe to exercise an unlawful bias is guilty of an offence.
Maximum penalty: Imprisonment for 7 years.
(4) A fiduciary
accepts a bribe to exercise an unlawful bias if—
(a) a
person gives or offers to give a benefit intending that the fiduciary will, in
return for the benefit, exercise a fiduciary function in a particular way; and
(b) the
fiduciary accepts the benefit or the offer—
(i)
intending not to disclose the benefit or expected benefit
to the principal; or
(ii)
later forms the intention not to disclose it to the
principal.
(5) This section
applies even though the relevant fiduciary relationship had not been formed
when the benefit was given or offered if, at the relevant time, the fiduciary
and the person who gave or offered to give the benefit anticipated the
formation of the relevant fiduciary relationship or the formation of fiduciary
relationships of the relevant kind.