Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 6 Offences relating to property and contractsChapter 42A Secret commissions[s 442E]442E Secret commission for advice givenWhenever any advice is given by one person to another, andsuch advice is in any way intended or likely to induce orinfluence the person advised—(a) to enter into a contract with any third person; or(b) to appoint or join with another in the appointment, or tovote for or to aid in obtaining the election orappointment, or to authorise or join with another inauthorising the appointment of any third person astrustee, director, manager, or official;and any valuable consideration is, without the assent of theperson advised, given by such third person to the persongiving the advice, the gift or receipt of the valuableconsideration is a crime; but this subsection shall not applywhen the person giving the advice was, to the knowledge ofthe person advised, the agent of such third person, or when thevaluable consideration was not given in respect of suchadvice.442EA Offer or solicitation of secret commission in return foradvice given or to be givenAny offer or solicitation of a valuable consideration in respectof any advice given, or to be given, by one person to anotherwith a view to induce or influence the person advised—(a) to enter into a contract with the person offering orsolicited; or(b) to appoint or join with another in appointing, or to votefor or to aid in obtaining the election or appointment, orto authorise or join with another in authorising theappointment of the person offering or solicited astrustee, director, manager, or official;and with the intent that the gift or receipt of such valuableconsideration is not to be made known to the person advised,is a crime; but this subsection shall not apply when such firstCurrent as at 1 December 2014 Page 267