Commentary on Sections Section 1: Offences of bribing another person
15.This section defines the offence of bribery as it applies to the person who offers, promises or gives a financial or other advantage to another. That person is referred to in the section as P. The meaning of “financial or other advantage” is left to be determined as a matter of common sense by the tribunal of fact. Section 1 distinguishes two cases: Case 1 (subsection (2)) and Case 2 (subsection (3)).
16.Case 1 concerns cases in which the advantage is intended to bring about an improper performance by another person of a relevant function or activity, or to reward such improper performance. The nature of a “relevant function or activity” is addressed in section 3. The nature of “improper performance” is defined in section 4.
17.It is sufficient for the purposes of the offence that P intended to induce or reward impropriety in relation to a function or activity falling within section 3(2) to (5). It is not necessary that the person to whom the advantage is offered, promised or given be the same person as the person who is to engage in the improper performance of an activity or function, or who has already done so (subsection (4)).
18.Case 2 concerns cases in which P knows or believes that the acceptance of the advantage offered, promised or given in itself constitutes the improper performance of a function or activity as defined in section 3.
19.Subsection (5) makes it clear that, in Cases 1 and 2, the advantage can be offered, promised or given by P directly or through someone else.