This question is asked in the Scampi Inquiry report which we have just been re-reading. However, in that inquiry the question was asked in the context of an "official". The crimes act has separate sections for Ministers of the Crown and MPs. Readers might like to refresh their memories:
102 Corruption and bribery of Minister of the Crown
(1) Every Minister of the Crown or member of the Executive Council is liable to imprisonment for a term not exceeding 14 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his capacity as a Minister or member of the Executive Council.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any Minister of the Crown or member of the Executive Council in respect of any act or omission by him in his capacity as a Minister or member of the Executive Council.
(3) No one shall be prosecuted for an offence against this section without the leave of a Judge of the High Court. Notice of the intention to apply for such leave shall be given to the person whom it is intended to prosecute, and he shall have an opportunity of being heard against the application.
Compare: 1908 No 32 ss 128, 362; Criminal Code (1954), s 100 (Canada)
Section 102 was amended, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) by substituting the words “High Court” for the words “Supreme Court”.
Section 103 Corruption and bribery of member of Parliament
(1) Every member of Parliament is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his capacity as a member of Parliament.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who corruptly gives or offers or agrees to give any bribe to any person with intent to influence any member of Parliament in respect of any act or omission by him in his capacity as a member of Parliament.
(3) No one shall be prosecuted for an offence against this section without the leave of a Judge of the High Court. Notice of the intention to apply for such leave shall be given to the person whom it is intended to prosecute, and he shall have an opportunity of being heard against the application.
Compare: 1908 No 32 ss 128, 362; Criminal Code (1954), s 100 (Canada)
Subsection (2) was amended, as from 3 May 2001, by section 5 Crimes (Bribery of Foreign Public Officials) Amendment Act 2001 (2001 No 28) by substituting the expression “7 years” for the expression “3 years”.
Subsection (3) was amended, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) by substituting the words “High Court” for the words “Supreme Court”.
