Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2024 (5 of 2024)

Schedule 1   Amendments

Part 2   Other amendments

Income Tax Assessment Act 1997

13   Subsections 26-52(6) and (7)

Repeal the subsections, substitute:

Improper influence

(6) In determining whether influence is improper, disregard the following:

(a) the fact that the benefit, or the offer or promise to provide the benefit, may be, or be perceived to be, customary, necessary or required in the situation;

(b) any official tolerance of the benefit;

(c) if particular business or a particular business or personal advantage is relevant to determining whether influence is improper - the following:

(i) if the value of the business or advantage is insignificant - that fact;

(ii) in the case of an advantage - any official tolerance of the advantage;

(iii) in the case of an advantage - the fact that the advantage may be customary, or perceived to be customary, in the situation.