| Chapter 2: | Conceptual Issues in Definitions of Corruption and Good Governance |
Another statutory offence relating to corrupt practices under Part IV of the Anti-Corruption Commission Act 1996 could occur where a ‘public officer who, being concerned with any matter or transaction falling within, or connected with, his jurisdiction, powers, duties or functions, corruptly solicits, accepts or obtains, or agrees to accept or attempts to receive or obtain for himself or for any other person any gratification in relation to such matter or transaction, actual or proposed, with which any public body is or may be concerned.’57 Then, Section 3 of the Anti-Corruption Commission Act 1996 defines ‘gratification’ as ‘any corrupt payment, whether in cash or in kind, any rebate, bonus, deduction or material gain, benefit, amenity, facility, concession or favour of any description and any loan, fee, reward, advantage or gift, or any other thing obtained as a result of the corrupt misuse or abuse of public funds or property, other than a casual gift.’ It is interesting to note, however, that while Section 43 of Anti-Corruption Commission Act 1996 provides for the recovery of gratification by distress, among other means, section 44 of the same statute, as noted above, provides for a civil remedy in which the principal can recover gratification corruptly received by his or her agent. And in any proceedings under the Anti-Corruption Commission Act 1996, a certificate by a Government Valuation Officer, or one that is prepared by any other specialist valuer, with respect to the value of any gratification or of any other movable or immovable property, will be sufficient proof of such value, unless the contrary is proved.58
Under Part IV of the Anti-Corruption Commission Act 1996 it is a criminal offence for a person, who, being concerned with any matter or transaction falling within the scope of authority, or connected with the jurisdiction, powers, duties or functions of a public officer, by himself, or by or in conjunction with any other person, to give, promise or offer any gratification corruptly, whether directly or indirectly, to such public officer either for himself or for any other person.59