Meaning of improper conduct

Current

(1)

Each of the following is improper conduct:

(a)

corrupt conduct;

(b)

misconduct;

(c)

unsatisfactory conduct;

(d)

anti-democratic conduct;

(e)

conduct constituting an offence against this Act;

(f) conduct (the secondary conduct) engaged in by any person in relation to conduct mentioned in paragraphs (a) to (e) (the primary conduct) as provided by subsection (2).

(2) For subsection (1)(f), secondary conduct is conduct that would constitute an offence against one of the following sections of the Criminal Code on the assumption that the primary conduct is an offence, whether or not the primary conduct is in fact an offence:

(a)

section 43BF (attempt);

(b)

section 43BG (complicity and common purpose);

(c)

section 43BH (innocent agency);

(d)

section 43BI (incitement);

(e)

section 43BJ (conspiracy).

(3) Secondary conduct is taken to be the same type of improper conduct as the primary conduct to which it relates.

Examples for section 9

1 An attempt to engage in corrupt conduct would be improper conduct, whether or not the corrupt conduct is itself an offence.

2 An attempt to engage in corrupt conduct would also be corrupt conduct.

This Act’s bill:Explanatory statement Second reading speech

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.

9 Meaning of improper conduct