Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 92A

(1) A public officer who, with intent to dishonestly gain a benefit for the officer or another person or to dishonestly cause a detriment to another person--

(a) deals with information gained because of office; or

(b) performs or fails to perform a function of office; or

(c) without limiting paragraphs (a) and (b), does an act or makes an omission in abuse of the authority of office;

is guilty of a crime.

Maximum penalty--7 years imprisonment.

(2) A person who ceases to be a public officer in a particular capacity is guilty of a crime if, with intent to dishonestly gain a benefit for the person or another person or to dishonestly cause a detriment to another person, the person deals with information gained because of the capacity.

Maximum penalty--7 years imprisonment.

(3) Subsection (2) applies whether or not the person continues to be a public officer in some other capacity.

(4) A reference in subsections (1) and (2) to information gained because of office or a particular capacity includes information gained because of an opportunity provided by the office or capacity.

(5) In this section--

authority, of office, includes the trust imposed by office and the influence relating to office.

deals with includes the following--

(a) uses;

(b) supplies;

(c) copies;

(d) publishes.

function includes power.

information includes knowledge.

office, in relation to a person who is a public officer, means the position, role or circumstance that makes the person a public officer.

performs includes purportedly performs and in relation to a power, exercises and purportedly exercises.