Commentary on Sections Section 4: Improper performance to which bribe relates
31.Section 4 defines “improper performance” as performance which breaches a relevant expectation, as mentioned in condition A or B (subsections (3) and (4) of section 3 respectively) or any expectation as to the manner in which, or reasons for which, a function or activity satisfying condition C (subsection (5) of section 3) will be performed. Subsection (1)(b) states that an omission can in some circumstances amount to improper “performance”.
32.Subsection (3) addresses the case where R is no longer engaged in a given function or activity but still carries out acts related to his or her former function or activity. These acts are treated as done in performance of the function or activity in question.