THE CORPORATIONS LAW
PART 13 - THE CORPORATIONS LAW
THE CORPORATIONS LAW 82 The Corporations Law is as follows:...
CHAPTER 2D - OFFICERS AND EMPLOYEES
PART 2D.1 - DUTIES AND POWERS
Division 1 - General duties
SECTION 184 GOOD FAITH, USE OF POSITION AND USE OF INFORMATION - CRIMINAL OFFENCES 184(1) Good faith - directors and other officers. A director or other officer of a corporation commits an offence if they: (a) are reckless; or (b) are intentionally dishonest; and fail to exercise their powers and discharge their duties: (c) in good faith in the best interests of the corporation; or (d) for a proper purpose.Note:
Section 187 deals with the situation of directors of wholly-owned subsidiaries. 184(2) Use of position - directors, other officers and employees. A director, other officer or employee of a corporation commits an offence if they use their position dishonestly: (a) with the intention of directly or indirectly gaining an advantage for themselves, or someone else, or causing detriment to the corporation; or (b) recklessly as to whether the use may result in themselves or someone else directly or indirectly gaining an advantage, or in causing detriment to the corporation. 184(3) Use of information - directors, other officers and employees. A person who obtains information because they are, or have been, a director or other officer or employee of a corporation commits an offence if they use the information dishonestly: (a) with the intention of directly or indirectly gaining an advantage for themselves, or someone else, or causing detriment to the corporation; or (b) recklessly as to whether the use may result in themselves or someone else directly or indirectly gaining an advantage, or in causing detriment to the corporation.This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.