1.O Anti-Bribery and Corruption Policy

Leo Perkins -

Purpose

Biotao is committed to a high level of integrity and ethical standards in all of its business practices. As part of this commitment, Biotao has zero tolerance for Bribery and Corruption.

The purpose of this Anti-Bribery and Corruption Policy (Policy) is to set clear standards for how all staff should behave, to prevent Bribery and Corruption in Biotao's business practices.

The Anti-Bribery and Corruption Policy is a key element of Biotao Corporate Governance program.

Scope

This policy applies to all Biotao employees, and contractors (including temporary contractors) of Biotao wherever located. In certain circumstances the obligations set out in this Policy may extend to employee and contractors connected persons.

Employees must exercise personal judgement to determine whether the acceptance or offering of a Gift to, or by a Connected Persons, could constitute a Bribe.

This policy is not limited to the workplace or work hours. This policy extends to all functions and work related activities, which include work lunches, conferences, Christmas parties and other function or dealings that may be associated with Biotao's business or reputation.

Definitions

Bribe

Bribe is an inducement or reward offered, promised or provided with the intention of influencing a person to do or omit to do anything in the performance of their role or function, in order to obtain business or an advantage that is not legitimately due Bribes may be durable or consumable, and may include one or more of the following, non-exhaustive examples:

  • Gifts;
  • Discounts;
  • Benefits and ‘perks” to relatives including employment, education and training;
  • Unwarranted allowances or expenses;
  • Kickbacks or Secret Commissions;
  • Facilitation payments;
  • Donation to a Biotao Fundraiser, Political or charitable donations;
  • Community outreach and stakeholder engagement expenses;

Bribery

Bribery is the act of offering, promising, giving, accepting or of a Bribe.

Connected Person

A connected person means a spouse, partner, child, step-child, parent, grandparent, grandchild, sibling or step-sibling of staff or of the staff’s spouse or partner.

Corrupt business

Corrupt business means dishonest activity in which an Employee acts contrary to the interests of Biotao and abuses his/her position of trust in order to achieve some personal gain or advantage for him or herself or for another person or entity or Biotao.

Employee

See staff.

Facilitation payment

Facilitation payment means a minor payment or other inducement provided to a Public Official in order to secure or expedite a routine government action which the Public Official is already ordinarily obliged to perform.

Gift

Gift means the free provision of a good or service in association with Biotao business that holds objective material value or confers some benefit either to the recipient or their Connected Persons, of Biotao. Gifts may be durable or consumable and may include things such as a meal, discounts, tickets or invitations to a sporting, entertainment or cultural event, a gift voucher, a donation to a Biotao fundraiser, political or charitable donation, or other tokens of appreciation.

Kick-Back/Secret Commission

Kick-Back/Secret Commission means an undisclosed payment (or something of value) that is offered or provided to an agent or representative of a person or company in order to influence the conduct of the business of the principal.

Staff

Staff includes managers and supervisors; full-time, part-time or casual, temporary or permanent staff; job candidates; student placements, apprentices, contractors, sub-contractors and volunteers.

Policy

Bribes

Staff may not:

  • authorise, offer, promise or give a bribe, whether directly or indirectly, to anyone;
  • accept, receive, solicit, request, demand, authorise or agree to accept or receive or take a Bribe from anyone.

whether in the course of their employment or in any dealings that may be associated with Biotao business.

Gifts

It is recognised that Gifts can be provided for building legitimate business relationships and other legitimate business purposes. All Employees are required to follow the rules and procedures set out in the Biotao Gift Policy to manage the risk Gifts pose because they may compromise or have the appearance of compromising objectivity in exercising business judgment.

Facilitation Payments

Facilitation payments are prohibited under this Policy.

Corrupt Business

Employees must not, directly or indirectly, authorise, undertake or participate in any form of corrupt business practice (such as a scheme that gives any improper benefit, kick-back or secret commission to anyone) whether for their own benefit or the benefit of Biotao.

Charitable Contributions

Genuine charitable support and donations are acceptable whether of in-kind services, knowledge, time, or direct financial contributions. However, staff must be careful to ensure that charitable contributions are not used as a scheme to conceal bribery.

Biotao should ordinarily only make charitable donations to an organisation that has a deductible gift recipient status with the Australian Taxation Office. This status makes the organisation entitled to receive income tax deductible gifts and deductible contributions.

Exceptions to this may be the case for organisations with an established relationship

No donation must be offered or made on behalf of Biotao without the prior approval of the Principle.

Financial Records

All accounts, invoices, memoranda and other documents and records relating to dealings with third parties, such as clients, suppliers and business contacts, should be prepared and maintained with strict accuracy and completeness. Accounts must not be kept "off-book" to facilitate or conceal improper payments. It is an offence under the Crimes Legislation Amendment (Proceeds of Crime and Other Measures) Act 2016 for a person to make, alter, destroy or conceal an accounting document (including being reckless in their conduct which allowed such an act) to facilitate, conceal or disguise the corrupt conduct.

Policy Breach

Where an Employee becomes aware of a breach, an allegation of breach, or suspects a breach of this policy that Employee must immediately report the breach to the principle

Biotao will treat all reported breaches confidentially, to the extent possible, and will take all reasonable steps to protect any Employee who raises legitimate concerns in good faith from any adverse consequences.

Investigations into reported breaches will be carried out by the principle or his/her delegate.

A breach of this Policy is considered to be a breach of the Biotao Code of Conduct ‘the Code’. The consequences of such a breach will depend upon the severity of the breach and are set out in the Code.

Training

Biotao recognises the need for staff and contractors to be appropriately trained as such Anti-Bribery and Corruption training is provided and checked as a part of the skills register.

Monitoring

The policy will be reviewed for effectiveness on a regular basis. A Biotao audit and report not less than 12 monthly summarising activities under this Policy.