Good faith, use of position and use of information—criminal offences
290A Good faith, use of position and use of information—criminal offences
Good faith—officers of organisations and branches
An officer of an organisation or a branch commits an offence if he or she:
is reckless; or
is intentionally dishonest;
and fails to exercise his or her powers or discharge his or her duties:
in good faith in the best interests of the organisation; or
for a proper purpose.
Penalty: 2,000 penalty units or imprisonment for 5 years, or both.
Use of position—officers and employees of organisations and branches
An officer or employee of an organisation or a branch commits an offence if the officer or employee uses his or her position dishonestly:
with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or
reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.
Penalty: 2,000 penalty units or imprisonment for 5 years, or both.
Use of information—officers and employees of organisations and branches
A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:
with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or
reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.
Penalty: 2,000 penalty units or imprisonment for 5 years, or both.
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