(b) results, or could result, directly or
indirectly, in the performance of functions or the exercise of powers
mentioned in paragraph (a) in a way that—
(i) is not honest or is not
impartial; or
(ii) involves a breach of the trust placed in a person holding
an appointment, either knowingly or recklessly; or
(iii) involves a misuse of
information or material acquired in or in connection with the performance of
functions or the exercise of powers of a person holding an appointment; and
(c) would, if proved, be—
(i) a criminal offence; or
(ii) a disciplinary
breach providing reasonable grounds for terminating the person’s services,
if the person is or were the holder of an appointment.
(2)
"Corrupt conduct" also means conduct of a person, regardless of whether the
person holds or held an appointment, that—
(a) impairs, or could impair,
public confidence in public administration; and
(b) involves, or could
involve, any of the following—
(i) collusive tendering;
(ii) fraud relating
to an application for a licence, permit or other authority under an Act with a
purpose or object of any of the following (however described)—
(A)
protecting health or safety of persons;
(B) protecting the environment;
(C)
protecting or managing the use of the State’s natural, cultural, mining or
energy resources;
(iii) dishonestly obtaining, or helping someone to
dishonestly obtain, a benefit from the payment or application of public funds
or the disposition of State assets;
(iv) evading a State tax, levy or duty or
otherwise fraudulently causing a loss of State revenue;
(v) fraudulently
obtaining or retaining an appointment; and
(c) would, if proved, be—
(i) a
criminal offence; or
(ii) a disciplinary breach providing reasonable grounds
for terminating the person’s services, if the person is or were the holder
of an appointment.
