Commonwealth Consolidated Acts

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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.



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