Version as at 6 November 2021 Crimes Act 1961 Part 6 s 105C routine government action, in relation to the performance of any action by a foreign public official, does not include— (a) (2) any decision about— (i) whether to award new business; or (ii) whether to continue existing business with any particular person or body; or (iii) the terms of new business or existing business; or (b) any action that is outside the scope of the ordinary duties of that official; or (c) any action that provides— (i) an undue material benefit to a person who makes a payment; or (ii) an undue material disadvantage to any other person. Every person commits an offence who corruptly gives or offers or agrees to give a bribe to a person with intent to influence a foreign public official in respect of any act or omission by that official in his or her official capacity (whether or not the act or omission is within the scope of the official’s author‐ ity) in order to— (a) obtain or retain business; or (b) obtain any improper advantage in the conduct of business. (2A) A body corporate or corporation sole commits an offence against subsection (2) if— (a) an employee of the body corporate or corporation sole does an act that would constitute an offence under subsection (2); and (b) the employee does the act, in whole or in part, with the intent to benefit the body corporate or corporation sole; and (c) the employee, in doing the act, is acting within the scope of their author‐ ity as an employee of the body corporate or corporation sole. (2B) A body corporate or corporation sole does not commit an offence under sub‐ section (2) if it has taken reasonable steps to prevent the offence. (2C) If a body corporate or corporation sole is charged with an offence under sub‐ section (2), it is to be presumed, unless the body corporate or corporation sole puts the matter at issue, that it did not take reasonable steps. (2D) Every person who commits an offence against this section is liable to imprison‐ ment for a term not exceeding 7 years, or a fine, or both. (2E) A fine imposed under subsection (2D) cannot exceed the greater of— (a) $5 million; or 81