Victorian Consolidated Legislation

Crimes Act 1958 - SECT 179

Gift or receipt of secret commission in return for advice given10

179. Gift or receipt of secret commission in return for advice given10



(1) Whenever any advice is given by one person to another and such advice is
in any way intended to induce or influence the person advised-

   (a)  to enter into a contract with any third person; or

   (b)  to appoint or join with another in appointing or to vote for or to aid
        in obtaining the election or appointment or to authorize or join with
        another in authorizing the appointment of any third person as trustee-

and any valuable consideration is given by such third person to the person
giving the advice without the assent of the person advised the gift or receipt
of the valuable consideration shall be an indictable offence, but this
subsection shall not apply when the person giving the advice was to the
knowledge of the person advised the agent of such third person, or when the
valuable consideration was not given in respect of such advice.

(2) Any offer or solicitation of a valuable consideration in respect of any
advice given or to be given by one person to another with a view to induce or
influence the person advised-

   (a)  to enter into a contract with the person offering or solicited; or

   (b)  to appoint or join with another in appointing or to vote for or to aid
        in obtaining the election or appointment or to authorize or join with
        another in authorizing the appointment of the person offering or
        solicited as trustee-

and with the intent that the gift or receipt of such valuable consideration is
not to be made known to the person advised shall be an indictable offence, but
this subsection shall not apply when such first-mentioned person is the agent
of the person offering or solicited.





(3) Any person on conviction of an indictable offence under any of the
provisions of this section shall-



   (a)  be liable if a corporation to a level 5 fine and if any other person
        to level 5 imprisonment (10 years maximum) or a level 5 fine or both.









* * * * *