Commercial organisations and associated persons

Section 9 concerns an associated person giving or promising an undue advantage to obtain or retain business, or an advantage in conducting business, for a commercial organisation. It defines commercial organisation and associated person. Services performed for or on behalf of the organisation matter; an employment label is not the only consideration.

Section 9 provides for a fine on the organisation and an adequate-procedures defence tied to the statutory wording and prescribed guidelines. Section 10 separately requires proof of a relevant officer's consent or connivance for the offence under section 9. Do not infer automatic personal guilt from a senior title or promise that a generic compliance checklist establishes the defence.