Corporations (Aboriginal and Torres Strait Islander) Act 2006
CHAPTER 6
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OFFICERS
PART 6-4
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DUTIES AND POWERS OF DIRECTORS AND OTHER OFFICERS AND EMPLOYEES
Division 265
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General duties
SECTION 265-25
GOOD FAITH, USE OF POSITION AND USE OF INFORMATION
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CRIMINAL OFFENCES
Good faith - directors and other officers
265-25(1)
A director or other officer of an Aboriginal and Torres Strait Islander corporation commits an offence if he or she: (a) is reckless; or (b) is intentionally dishonest;
265-25(2)
A director or other officer of an Aboriginal and Torres Strait Islander corporation that is a registered native title body corporate does not contravene subsection (1) merely because of doing (or refraining from doing) a particular act if the director or other officer does (or refrains from doing) the act: (a) in good faith; and (b) with the belief that doing (or refraining from doing) the act is necessary to ensure that the corporation complies with a Native Title legislation obligation.
Use of position - directors, other officers and employees
265-25(3)
A director, other officer or employee of an Aboriginal and Torres Strait Islander corporation commits an offence if he or she uses his or her position dishonestly: (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the corporation; or (b) recklessly as to whether the use may result in him or her or someone else directly or indirectly gaining an advantage, or in causing detriment to the corporation.
Use of information - directors, other officers and employees
265-25(4)
A person who obtains information because he or she is, or has been, a director or other officer or employee of an Aboriginal and Torres Strait Islander corporation commits an offence if he or she uses the information dishonestly: (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the corporation; or (b) recklessly as to whether the use may result in him or her or someone else directly or indirectly gaining an advantage, or in causing detriment to the corporation.
Good faith - directors and other officers
265-25(1)
A director or other officer of an Aboriginal and Torres Strait Islander corporation commits an offence if he or she: (a) is reckless; or (b) is intentionally dishonest;
and fails to exercise his or her powers and discharge his or her duties:
(c) in good faith in the best interests of the corporation; or (d) for a proper purpose.Penalty: 2,000 penalty units or imprisonment for 5 years, or both.
265-25(2)
A director or other officer of an Aboriginal and Torres Strait Islander corporation that is a registered native title body corporate does not contravene subsection (1) merely because of doing (or refraining from doing) a particular act if the director or other officer does (or refrains from doing) the act: (a) in good faith; and (b) with the belief that doing (or refraining from doing) the act is necessary to ensure that the corporation complies with a Native Title legislation obligation.
Note :
A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
Use of position - directors, other officers and employees
265-25(3)
A director, other officer or employee of an Aboriginal and Torres Strait Islander corporation commits an offence if he or she uses his or her position dishonestly: (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the corporation; or (b) recklessly as to whether the use may result in him or her or someone else directly or indirectly gaining an advantage, or in causing detriment to the corporation.
Penalty: 2,000 penalty units or imprisonment for 5 years, or both.
Use of information - directors, other officers and employees
265-25(4)
A person who obtains information because he or she is, or has been, a director or other officer or employee of an Aboriginal and Torres Strait Islander corporation commits an offence if he or she uses the information dishonestly: (a) with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the corporation; or (b) recklessly as to whether the use may result in him or her or someone else directly or indirectly gaining an advantage, or in causing detriment to the corporation.
Penalty: 2,000 penalty units or imprisonment for 5 years, or both.