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Ch19 Parliamentary privilege / ACTS CONSTITUTING BREACHES OF PRIVILEGE AND CONTEMPTS / Misconduct / Corruption in the execution of their office as Members



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House of Representatives                                Ch 19                                                 p 730

 

Parliamentary privilege / ACTS CONSTITUTING BREACHES OF PRIVILEGE AND CONTEMPTS / Misconduct

 

Corruption in the execution of their office as Members

Section 141.1 of the Criminal Code deals with the offences of bribery of Commonwealth public officials. It provides for penalties of 10 years imprisonment for both giving and receiving bribes, and Members of Parliament are encompassed by the term ‘Commonwealth public official’. 1

As well as being a crime, corruption in connection with the performance of a Member’s duties as a Member could also be punished as a contempt.

May states:

The acceptance by a Member of either House of a bribe to influence him in his conduct as a Member, or of any fee, compensation or reward in connection with the promotion of or opposition to any bill, resolution, matter or thing submitted or intended to be submitted to either House, or to a committee is a contempt. 2

Section 45 of the Constitution also applies— see ‘Qualifications and disqualifications’ in Chapter on ‘Members’.



Formerly covered by s. 73A of the Crimes Act 1914 . In June 2002 a person was convicted and imprisoned for a number of offences, including a breach of section 73A, committed when he had been a Member, although an appeal succeeded in respect of one charge ( R v. Theophanous , County Court, Victoria). And see p. 717 for comments re subsection 16(3) of the Parliamentary Privileges Act.



May , 23rd edn, p. 132, see also May, p. 137.