Commonwealth Consolidated Acts

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LAW ENFORCEMENT INTEGRITY COMMISSIONER ACT 2006 - SECT 6

Meaning of engages in corrupt conduct

Staff members of law enforcement agencies

             (1)  For the purpose of this Act, a staff member of a law enforcement agency engages in corrupt conduct if the staff member, while a staff member of the agency, engages in:

                     (a)  conduct that involves, or that is engaged in for the purpose of, the staff member abusing his or her office as a staff member of the agency; or

                     (b)  conduct that perverts, or that is engaged in for the purpose of perverting, the course of justice; or

                     (c)  conduct that, having regard to the duties and powers of the staff member as a staff member of the agency, involves, or is engaged in for the purpose of, corruption of any other kind.

             (2)  If the law enforcement agency is one referred to in paragraph (d) of the definition of law enforcement agency , the staff member engages in corrupt conduct only if the conduct relates to the performance of a law enforcement function of the agency.

Staff members of ACLEI

             (3)  For the purpose of this Act, a staff member of ACLEI engages in corrupt conduct if the staff member, while a staff member of ACLEI, engages in:

                     (a)  conduct that involves, or that is engaged in for the purpose of, the staff member abusing his or her office as a staff member of ACLEI; or

                     (b)  conduct that perverts, or that is engaged in for the purpose of perverting, the course of justice; or

                     (c)  conduct that, having regard to the duties and powers of the staff member as a staff member of ACLEI, involves, or is engaged in for the purpose of, corruption of any other kind.

General provisions

             (4)  To avoid doubt:

                     (a)  the conduct referred to in subsection (1) may be conduct that was engaged in before the commencement of this Act; and

                     (b)  a staff member of a law enforcement agency or ACLEI engages in corrupt conduct even if the conduct engaged in by the staff member also involves or implicates someone who is not a staff member of a law enforcement agency or ACLEI.

             (5)  For the purposes of this section, conduct is taken to be engaged in for a purpose if it is engaged in for purposes that include that purpose.



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