Policing corruption and corporations in Australia: Towards a new national agenda

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Author(s)
Bronitt, Simon
Griffith University Author(s)
Year published
2013
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Local and international public opinion polls suggest that Australia is a low-risk country in terms of corruption. This article challenges this reputation contending that the relative invisibility of corruption in Australia is the result of low levels of enforcement of existing laws, and the political failure to implement a co-ordinated national strategy against corruption. As a result, Australia has become increasingly vulnerable to corrupt overseas politicians seeking a safe haven for their illicit assets. These enforcement vulnerabilities extend also to cases of foreign bribery perpetrated offshore by Australian corporations, ...
View more >Local and international public opinion polls suggest that Australia is a low-risk country in terms of corruption. This article challenges this reputation contending that the relative invisibility of corruption in Australia is the result of low levels of enforcement of existing laws, and the political failure to implement a co-ordinated national strategy against corruption. As a result, Australia has become increasingly vulnerable to corrupt overseas politicians seeking a safe haven for their illicit assets. These enforcement vulnerabilities extend also to cases of foreign bribery perpetrated offshore by Australian corporations, employees and agents. Enforcement of foreign bribery offences in Australia, unlike the equivalent United Kingdom offences, is hampered by an overly broad defence which excuses "facilitation payments" that otherwise would constitute acts of bribery. The conclusion is that an urgent review of the effectiveness and scope of anti-corruption laws is needed, combined with a much stronger political and law enforcement commitment to tackle corruption at home and abroad.
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View more >Local and international public opinion polls suggest that Australia is a low-risk country in terms of corruption. This article challenges this reputation contending that the relative invisibility of corruption in Australia is the result of low levels of enforcement of existing laws, and the political failure to implement a co-ordinated national strategy against corruption. As a result, Australia has become increasingly vulnerable to corrupt overseas politicians seeking a safe haven for their illicit assets. These enforcement vulnerabilities extend also to cases of foreign bribery perpetrated offshore by Australian corporations, employees and agents. Enforcement of foreign bribery offences in Australia, unlike the equivalent United Kingdom offences, is hampered by an overly broad defence which excuses "facilitation payments" that otherwise would constitute acts of bribery. The conclusion is that an urgent review of the effectiveness and scope of anti-corruption laws is needed, combined with a much stronger political and law enforcement commitment to tackle corruption at home and abroad.
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Journal Title
Criminal Law Journal
Volume
37
Copyright Statement
© 2013 Thomson Reuters. The attached file is reproduced here in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.
Subject
Criminal Law and Procedure
Law