Western Australian Consolidated Acts

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GOLD CORPORATION ACT 1987 - SECT 72

72 .         Improper use of position or information

        (1)         A person who was or is an officer or employee of — 

            (a)         Gold Bank or Gold Corporation;

            (b)         a subsidiary or associate of Gold Bank or Gold Corporation;

            (c)         The Director of The Perth Mint or the Royal Mint or an associate of either of such bodies,

                and makes improper use of his or her position as such an officer or employee, or of information acquired by virtue of that position, to gain, directly or indirectly, an advantage for himself or herself or any other person or to cause detriment to a body referred to in paragraph (a), (b) or (c) commits a crime and is liable to a fine of $20 000 and imprisonment for 5 years.

        Summary conviction penalty: imprisonment for 2 years or a fine of $10 000.

        (2)         A reference in subsection (1) to an officer of Gold Bank or of Gold Corporation includes — 

            (a)         a director; and

            (b)         any person, holding or acting in an office under Gold Bank or Gold Corporation, by whatever name called, who was or is concerned or takes part in the management of Gold Bank or Gold Corporation or a subsidiary of Gold Bank or Gold Corporation.

        (3)         In relation to a body corporate other than Gold Bank or Gold Corporation or a subsidiary of Gold Bank or Gold Corporation, officer means —

            (a)         an officer within the meaning of the Corporations Act; and

            (b)         any authorised person (not already covered by paragraph (a)) who enters into possession or assumes control of property of the body corporate under the Corporations Act for the purposes of enforcing a charge.

        [Section 72 amended by No. 10 of 1990 s. 30; No. 20 of 2003 s. 27; No. 4 of 2004 s. 58.]



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