Foreign public official | Practical Law

Foreign public official | Practical Law

Foreign public official

Foreign public official

Practical Law ANZ Glossary w-012-1796 (Approx. 3 pages)

Glossary

Foreign public official

Foreign public official is defined in section 70.1 of the Criminal Code Act 1995 (Cth) to mean any of the following:
  • An employee or official of a foreign government body.
  • An individual who performs work for a foreign government body under a contract.
  • An individual who holds or performs the duties of an appointment, office or position under a law of a foreign country or of part of a foreign country.
  • An individual who holds or performs the duties of an appointment, office or position created by custom or convention of a foreign country or of part of a foreign country.
  • An individual who is otherwise in the service of a foreign government body (including service as a member of a military force or police force).
  • A member of the executive, judiciary or magistracy of a foreign country or of part of a foreign country.
  • An employee of a public international organisation.
  • An individual who performs work for a public international organisation under a contract.
  • An individual who holds or performs the duties of an office or position in a public international organisation.
  • An individual who is otherwise in the service of a public international organisation.
  • A member or officer of the legislature of a foreign country or of part of a foreign country.
  • An individual who:
    • is an authorised intermediary of a foreign public official covered by any of the above paragraphs; or
    • holds themself out to be the authorised intermediary of a foreign public official covered by any of the above paragraphs.
  • An individual standing or nominated (whether formally or informally) as a candidate to be a foreign public official covered by any of the above paragraphs (inserted into the Criminal Code from 8 September 2024 by operation of the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 (Cth)).