Document ID: chunk:federal_register_of_legislation:C2024C00345:section:290a
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 290A
Character Range: 438100–439863

290A  Good faith, use of position and use of information—criminal offences

Good faith—officers of organisations and branches
 (1) An officer of an organisation or a branch commits an offence if he or she:
 (a) is reckless; or
 (b) is intentionally dishonest;
and fails to exercise his or her powers or discharge his or her duties:
 (c) in good faith in the best interests of the organisation; or
 (d) for a proper purpose.
Penalty: 2,000 penalty units or imprisonment for 5 years, or both.

Use of position—officers and employees of organisations and branches
 (2) An officer or employee of an organisation or a branch commits an offence if the officer or employee 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 organisation; or
 (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.
Penalty: 2,000 penalty units or imprisonment for 5 years, or both.

Use of information—officers and employees of organisations and branches
 (3) A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch 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 organisation; or
 (b) reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.
Penalty: 2,000 penalty units or imprisonment for 5 years, or both.