Part 6 s 105C
Crimes Act 1961
Version as at
6 November 2021
foreign public enterprise means—
(a)
(b)
a company, wherever incorporated, that—
(i)
a foreign government is able to control or dominate (whether by
reason of its ownership of shares in the company, its voting
powers in the company, or its ability to appoint 1 or more direc‐
tors (however described), or by reason that the directors (however
described) are accustomed or under an obligation to act in accord‐
ance with the directions of that government, or otherwise); and
(ii)
enjoys subsidies or other privileges that are enjoyed only by com‐
panies, persons, or bodies to which subparagraph (i) or paragraph
(b)(i) apply; or
a person or body (other than a company), wherever situated, that—
(i)
a foreign government is able to control or dominate (whether by
reason of its ability to appoint the person or 1 or more members of
the body, or by reason that the person or members of the body are
accustomed or under an obligation to act in accordance with the
directions of that government, or otherwise); and
(ii)
enjoys subsidies or other privileges that are enjoyed only by com‐
panies, persons, or bodies to which subparagraph (i) or paragraph
(a)(i) apply
foreign public official includes any of the following:
(a)
a member or officer of the executive, judiciary, or legislature of a foreign
country:
(b)
a person who is employed by a foreign government, foreign public
agency, foreign public enterprise, or public international organisation:
(c)
a person, while acting in the service of or purporting to act in the service
of a foreign government, foreign public agency, foreign public enter‐
prise, or public international organisation
public international organisation means any of the following organisations,
wherever situated:
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(a)
an organisation of which 2 or more countries or 2 or more governments
are members, or represented on the organisation:
(b)
an organisation constituted by an organisation to which paragraph (a)
applies or by persons representing 2 or more such organisations:
(c)
an organisation constituted by persons representing 2 or more countries
or 2 or more governments:
(d)
an organisation that is part of an organisation referred to in any of para‐
graphs (a) to (c)