Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p184
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 184/268)
Character Range: 831137–833950

the exercise of the official's duties as a public official; and
 (c) the public official is a Commonwealth public official; and
 (d) the duties are duties as a Commonwealth public official.
Penalty: Imprisonment for 5 years.
 (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:
 (a) that the official was a Commonwealth public official; or
 (b) that the duties were duties as a Commonwealth public official.

Receiving a corrupting benefit
 (3) A Commonwealth public official commits an offence if:
 (a) the official dishonestly:
 (i) asks for a benefit for himself, herself or another person; or
 (ii) receives or obtains a benefit for himself, herself or another person; or
 (iii) agrees to receive or obtain a benefit for himself, herself or another person; and
 (b) the receipt, or expectation of the receipt, of the benefit would tend to influence a Commonwealth public official (who may be the first‑mentioned official) in the exercise of the official's duties as a Commonwealth public official.
Penalty: Imprisonment for 5 years.

Benefit in the nature of a reward
 (4) For the purposes of subsections (1) and (3), it is immaterial whether the benefit is in the nature of a reward.

142.2  Abuse of public office
 (1) A Commonwealth public official commits an offence if:
 (a) the official:
 (i) exercises any influence that the official has in the official's capacity as a Commonwealth public official; or
 (ii) engages in any conduct in the exercise of the official's duties as a Commonwealth public official; or
 (iii) uses any information that the official has obtained in the official's capacity as a Commonwealth public official; and
 (b) the official does so with the intention of:
 (i) dishonestly obtaining a benefit for himself or herself or for another person; or
 (ii) dishonestly causing a detriment to another person.
Penalty: Imprisonment for 5 years.
 (2) A person commits an offence if:
 (a) the person has ceased to be a Commonwealth public official in a particular capacity; and
 (b) the person uses any information that the person obtained in that capacity as a Commonwealth public official; and
 (c) the person does so with the intention of:
 (i) dishonestly obtaining a benefit for himself or herself or for another person; or
 (ii) dishonestly causing a detriment to another person.
Penalty: Imprisonment for 5 years.
 (3) Paragraph (2)(a) applies to a cessation by a person:
 (a) whether or not the person continues to be a Commonwealth public official in some other capacity; and
 (b) whether the cessation occurred before, at or after the commencement of this section.

142.3  Geographical jurisdiction
  Section 15.4 (extended geographical jurisdiction—category D) applies to each offence against this Division.

Part