Commentary on Sections The fault element
43.The fault element of the offence – what a person must intend in order to commit the offence – is specified in subsections (1), (2) and (4).
44.Subsections (1) and (4) have the effect that, in order to commit the offence, a person must intend to influence a foreign public official in the performance of his or her functions as a public official, including any failure to exercise those functions and any use of his or her position, even if he or she does not have authority to use the position in that way.
45.In order to commit the offence a person must also intend to obtain or retain business or an advantage in the conduct of business (subsection (2)).
46.The effect of subsection (8) is that “business” includes what is done in the course of a trade or profession.