David Pocock (ACT, Independent) Share this | Hansard source

I move my amendment to the motion for the second reading of the Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023:

At the end of the motion, add ", but the Senate:

(a) notes that Deferred Prosecution Agreements (DPAs) have been implemented in the United Kingdom and United States to help combat foreign bribery by incentivising companies to self-report; and

(b) is of the opinion that:

(i) establishing a DPA scheme in Australia is worthy of consideration,

(ii) such a scheme should not function as a 'get-out-of-jail-free card' and should prioritise transparency so as to avoid the creation of a two-tiered justice system where corporate criminals are able to secretly negotiate agreements related to wrongdoings while private individuals are subject to the full force of a court of law,

(iii) further reform is needed to abolish facilitation payments, and

(iv) further reform is needed to prevent companies convicted of foreign bribery from being awarded Australian government contracts, potentially through a whole-of-government debarment scheme".

Quorum formed.