Michaelia Cash (WA, Liberal Party, Minister for Women) Share this | Hansard source

Senator Cameron, the situation of persons bribing directors and other officers of employers is already prohibited by the Commonwealth Corporations Act. The Corporations Act imposes broad duties on officers and employees of constitutional corporations. Breaching these duties can give rise to criminal liability in respect of receiving corrupting benefits. This is in contrast to the duties imposed on union officials under the registered organisations act, which are presently limited to the financial management of the organisation.

Under section 184, a director or officer commits an offence if they are reckless or intentionally dishonest and fail to exercise their powers or discharge their duties in good faith in the best interests of the corporation or for a proper purpose. Section 184 also makes it an offence for a director, officer or an employee to use their position dishonestly with the intention of gaining advantage for themselves or someone else. Section 79 of the Corporations Act extends liability to those who are involved in a contravention of these offences, so union officials bribing employers to act improperly could also be captured. Basically, in answer to your question, the situation of persons bribing directors and officers of other employers is already prohibited by the Commonwealth Corporations Act.