Duties and liabilities of water authority officers
585 Duties and liabilities of water authority officers
An officer of a water authority must act honestly in exercising powers, and discharging functions, as an officer of the authority.Maximum penalty—
if the contravention is committed for a fraudulent purpose—500 penalty units or imprisonment for 5 years; or
in any other case—100 penalty units.
In exercising powers and discharging functions, an officer of a water authority must exercise the degree of care and diligence that a reasonable person in a like position in a water authority would exercise in the authority’s circumstances.Maximum penalty—100 penalty units.
An officer of a water authority, or a person who has been an officer of a water authority, must not make improper use of information acquired because of his or her position as an officer of a water authority—
to gain, directly or indirectly, an advantage for himself or herself or for another person; or
to cause detriment to the authority.
Maximum penalty—500 penalty units or imprisonment for 5 years.
An officer of a water authority must not make improper use of his or her position as an officer of the authority—
to gain, directly or indirectly, an advantage for himself or herself or another person; or
to cause detriment to the authority.
Maximum penalty—500 penalty units or imprisonment for 5 years.
If a person contravenes this section in relation to a water authority, the authority may recover from the person as a debt due to the authority—
if the person or another person made a profit because of the contravention—an amount equal to the profit; and
if the authority suffered loss or damage because of the contravention—an amount equal to the loss or damage.
An amount may be recovered from the person under subsection (5) whether or not the person has been convicted of an offence in relation to the contravention.
Subsection (6) is in addition to, and does not limit, the Criminal Proceeds Confiscation Act 2002.
This section—
is in addition to, and does not limit, any rule of law relating to the duty or liability of a person because of the person’s office in relation to a corporation; and
does not prevent civil proceedings being instituted for a breach of the duty or the liability.
In this section—officer, of a water authority, includes—
an employee of the water authority; and
an employee of a government entity who performs work for the water authority under a work performance arrangement between the water authority and the government entity.
This Act’s bill:Explanatory memorandum
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