The test for 'dishonestly' in s 184(2)(a) of the Corporations Act 2001 (Cth) is the purely objective Peters test: whether the conduct would be regarded as dishonest by the standards of ordinary, decent people. There is no requirement to prove that the accused was aware that ordinary people would view the conduct as dishonest. The Ghosh test definitions in the Criminal Code do not apply to s 184(2)(a) because they are found in Chapters 4, 7 and 10, not Chapter 2 (which is the only chapter that applies to Corporations Act offences). The express inclusion of Ghosh-type definitions in ss 1041F(2) and 1041G(2) of the Corporations Act implies their exclusion from s 184(2)(a).
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