CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 251

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 251

251—Abuse of public office

        (1)         A public officer who improperly—

            (a)         exercises power or influence that the public officer has by virtue of his or her public office; or

            (b)         refuses or fails to discharge or perform an official duty or function; or

            (c)         uses information that the public officer has gained by virtue of his or her public office,

with the intention of—

            (d)         securing a benefit for himself or herself or for another person; or

            (e)         causing injury or detriment to another person,

is guilty of an offence.

Maximum penalty:

            (a)         for a basic offence—imprisonment for 7 years;

            (b)         for an aggravated offence—imprisonment for 10 years.

        (2)         A former public officer who improperly uses information that he or she gained by virtue of his or her public office with the intention of—

            (a)         securing a benefit for himself or herself or for another person; or

            (b)         causing injury or detriment to another person,

is guilty of an offence.

Maximum penalty:

            (a)         for a basic offence—imprisonment for 7 years;

            (b)         for an aggravated offence—imprisonment for 10 years.

        (3)         This section does not apply in relation to the use of information by a member of Parliament in the course of, or for the purposes of, the proper exercise of the functions of a member of Parliament (which include, without limitation, receiving information from constituents and making enquiries on behalf of constituents).