Commonwealth Consolidated Acts

COMMONWEALTH AUTHORITIES AND COMPANIES ACT 1997 - SECT 26

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 Act 2001 deals with the position of directors of wholly‑owned subsidiaries of Commonwealth authorities.

Penalty for a contravention of this subsection: 2,000 penalty units or imprisonment for 5 years, or both.

Use of position--officers and employees

             (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 for a contravention of this subsection: 2,000 penalty units or imprisonment for 5 years, or both.

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.

Penalty for a contravention of this subsection: 2,000 penalty units or imprisonment for 5 years, or both.