South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 249

249—Bribery or corruption of public officers

        (1)         A person who improperly gives, offers or agrees to give a benefit to a public officer or former public officer or to a third person as a reward or inducement for—

            (a)         an act done or to be done, or an omission made or to be made, by the public officer or former public officer in his or her official capacity; or

            (b)         the exercise of power or influence that the public officer or former public officer has or had, or purports or purported to have, by virtue of his or her office,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

        (2)         A public officer or former public officer who improperly seeks, accepts or agrees to accept a benefit from another person (whether for himself or herself or for a third person) as a reward or inducement for—

            (a)         an act done or to be done, or an omission made or to be made, in his or her official capacity; or

            (b)         the exercise of power or influence that the public officer or former public officer has or had, or purports or purported to have, by virtue of his or her office,

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

        (3)         In proceedings for an offence against this section, the court must, in determining whether the accused acted improperly in relation to a benefit, take into account any public disclosure of the benefit made by or with the approval of the accused, or any disclosure of the benefit made to a proper authority by or with the approval of the accused.