Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:5_26
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 5 cl 26
Character Range: 626981–628818

26  Good faith, use of position and use of information—criminal offences

Good faith—officers

 (1) An officer of a Commonwealth authority commits an offence if he or she:
 (a) is reckless; or
 (b) is intentionally dishonest;
and fails to exercise his or her powers and discharge his or her duties:
 (c) in good faith in what he or she believes to be in the best interests of the Commonwealth authority; or
 (d) for a proper purpose.

Note: Section 187 of the Corporations Law deals with the position of directors of wholly-owned subsidiaries of Commonwealth authorities.

Penalty: Imprisonment for 5 years.

 (2) An officer or employee of a Commonwealth authority commits an offence if he or she uses his or her position dishonestly:
 (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the Commonwealth authority or to another person; or
 (b) recklessly as to whether the use may result in him or her or someone else directly or indirectly gaining an advantage, or in causing detriment to the Commonwealth authority or to another person.

Penalty: Imprisonment for 5 years.

Use of information—officers and employees

 (3) A person who obtains information because he or she is, or has been, an officer or employee of a Commonwealth authority commits an offence if he or she uses the information dishonestly:
 (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the Commonwealth authority or to another person; or
 (b) recklessly as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or in causing detriment to the Commonwealth authority or to another person.

Maximum penalty: Imprisonment for 5 years.