Key takeaways
- Australia's failure-to-prevent foreign bribery offence (s.70.5A) applies since September 2024.
- Adequate procedures include risk-based due diligence on Indian third parties.
- ECTA (since 2022) and the India–NZ FTA (since 20 Oct 2026) are driving new partnerships.
Why companies from here use us
- Australia’s ECTA has applied since 29 December 2022; the India–New Zealand FTA since 20 October 2026.
- Time-zone overlap with India makes working together easy — mornings in India are afternoons in Sydney and Auckland.
- Mid-sized firms want a hands-on adviser, not a global network.
Your home-country rules — and what they mean for an Indian partner
- Australia — failure to prevent foreign bribery (Criminal Code section 70.5A), in force since September 2024: a company is liable if an associate bribes a foreign official for its benefit, unless it can prove adequate procedures. The Attorney-General’s guidance stresses risk-based due diligence on third parties — distributors, agents and JV partners.
- New Zealand companies face the same practical question: can you show you checked who you partnered with?
The India side
- Setting up in India from Australia or NZ: India for Australian & NZ companies.
- Choosing a partner: partner checklist.
What we check for you in India
- Identity, registrations and filed financial statements of the Indian partner — how it works.
- Financial, tax and FEMA review; related parties; litigation through public records and counsel.
- Promoters, directors, government links and how intermediaries are paid — for your anti-bribery and supply-chain files.
- Premises visits from Ahmedabad, Mumbai, Bengaluru, Rajkot or Dubai, with a written report in English.
- Full scope: partner due diligence · investment due diligence · supplier verification.
We are Chartered Accountants, not lawyers: home-country legal advice on compliance programmes stays with your counsel. Our reports are built to slot into their files.
Sources
- Baker McKenzie — Australia failure to prevent foreign bribery from 8 Sep 2024
- Transparency International Australia — adequate procedures
- MFAT — India–New Zealand FTA
Frequently asked questions
Do Australian companies need to do due diligence on Indian partners?
Since September 2024, Australian companies can be criminally liable if an associate bribes a foreign official for their benefit, unless they had adequate procedures — and risk-based due diligence on Indian agents, distributors and JV partners is a core part of those procedures.
Is the India–New Zealand FTA in force?
Yes, since 20 October 2026, with a further round of tariff cuts on 1 January 2027.