MACC (Amendment) Act 2018, Section 17A (1) : Offence by Commercial Organization
Commercial organisation commits an offence if any person associated with that commercial organisation commits a corrupt or bribery act in order to obtain or retain business or advantage for the organisation.
Section 17A (4) states that if a commercial organisation is charged for the corporate liability offence, there is a defence for the commercial organisation to prove that the commercial organisation had in place "adequate procedures" designed to prevent person(s) associated with the commercial organisation from undertaking such conduct.
The Minister in the Prime Minister's Department has issued the Ministerial Guidelines on Adequate Procedures that laid out 5 principles associated with a robust compliance system.
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