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AUSTRALIAN PASSPORTS ACT 2005 - SECT 40 Abuse of public office

AUSTRALIAN PASSPORTS ACT 2005 - SECT 40

Abuse of public office

  (1)   An officer commits an offence if:

  (a)   the officer:

  (i)   exercises any influence that the officer has in the officer's capacity as an officer under this Act; or

  (ii)   engages in any conduct in the exercise of the officer's duties as such an officer; and

  (b)   the officer does so with the intention of:

  (i)   dishonestly obtaining a benefit for himself or herself or any other person; or

  (ii)   dishonestly causing a detriment to another person.

Penalty:   Imprisonment for 10 years or 1,000 penalty units, or both.

  (2)   In a prosecution for an offence against subsection   (1), the determination of dishonesty is a matter for the trier of fact.

  (3)   In this section:

"benefit" includes any advantage and is not limited to property.

"detriment" includes any disadvantage and is not limited to personal injury or to loss of, or damage to, property.

"obtain" includes:

  (a)   obtain for another person; and

  (b)   induce a third person to do something that results in another person obtaining.