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Either Australian companies are saints or the law is just for show

By John Passant - posted Thursday, 13 August 2009


You see, there’s this provision in Australia’s criminal code which makes it an offence to bribe a foreign official.

That applies in Australia and with modifications, outside Australia too. So if an Australian company bribes a foreign public official outside Australia they might well be committing an offence in Australia.

So that could mean that all that building and construction to enable BHP and Rio Tinto to make a motza from the Chinese is being done with the taint of possible lawlessness hanging over it.

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The ABCC, with its very, very, strong powers, should investigate. Don’t you think so Julia? Just to clear the air, of course.

Obviously they’d be able to do a better job than the Australian police and the Australian Crime Commission.

Why? Well, five years after this Criminal Code provision came into effect, according to the Attorney-General’s Department, there had not been one investigation under it. Not one.

And this is investigations I am talking about, not prosecutions. Either Australian companies are saints or the law is for show only.

It’s time for Julia Gillard to order the ABCC to investigate if Rio Tinto and BHP Billiton have been bribing foreign officials and committing a crime in Australia. That at least would show us the probity of these great companies.

Start at the top.

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Don Argus is the Chairman of BHP Billiton. He is perhaps the pre-eminent capitalist in Australia.

Direct him to attend a hearing into these matters. Threaten him with six months jail if he doesn’t attend. Refuse him the right to a lawyer. Demand he answer every question.

Exercise the draconian ABCC powers to the hilt to see if bribery has been going on.

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First published in En Passant on August 6, 2009.



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About the Author

John Passant is a Canberra writer (www.enpassant.com.au) and member of Socialist Alternative.

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