Section 26(1) of the Commonwealth Authorities and Companies Act 1997 (Cth) refers to specific powers and duties attaching to the particular office held by the officer, not a general overarching obligation to act honestly. The dishonest use of opportunities arising de facto in the course of office is proscribed by s 26(2), not s 26(1). A trial judge must direct the jury on the nature and scope of the power and duty elements of the offence, and the conduct of the defence case does not relieve the judge of this obligation where the direction is necessary to ensure a fair trial.
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