On September 9 2024, important changes to Australia’s foreign bribery laws took effect. These changes include the introduction of a new offence that applies to corporations for a ‘failure to prevent foreign bribery’.

The new offence is modelled on similar laws that were introduced in the UK in 2010 by the Bribery Act 2010 (UK Act). The new foreign bribery laws also introduce a defence to the ‘failure to prevent offence’ for organisations who can show they had adequate procedures in place to prevent the commission of foreign bribery.

This Guidance on Good Practice Procedures for Corporate Anti-Bribery and Anti-Corruption Programs (Guidance) is intended to provide an overview of the matters you will need to demonstrate to show you had adequate procedures to prevent foreign bribery; this is also sometimes described as an ‘effective compliance program’.

In August 2024 the Commonwealth Attorney-General published guidance on adequate procedures to prevent the commission of foreign bribery on the steps corporations can take to ensure their anti-bribery controls are adequate. The Attorney-General’s Guidance has been considered in preparing this Guidance.