Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 7 - THE PROPER ADMINISTRATION OF GOVERNMENT  

Part 7.6 - Bribery and related offences  

Division 142 - Offences relating to bribery  

SECTION 142.2   Abuse of public office  

(1)  
A Commonwealth public official commits an offence if:


(a) the official:


(i) exercises any influence that the official has in the official ' s capacity as a Commonwealth public official; or

(ii) engages in any conduct in the exercise of the official ' s duties as a Commonwealth public official; or

(iii) uses any information that the official has obtained in the official ' s capacity as a Commonwealth public official; and


(b) the official does so with the intention of:


(i) dishonestly obtaining a benefit for himself or herself or for another person; or

(ii) dishonestly causing a detriment to another person.

Penalty: Imprisonment for 5 years.

(2)  
A person commits an offence if:


(a) the person has ceased to be a Commonwealth public official in a particular capacity; and


(b) the person uses any information that the person obtained in that capacity as a Commonwealth public official; and


(c) the person does so with the intention of:


(i) dishonestly obtaining a benefit for himself or herself or for another person; or

(ii) dishonestly causing a detriment to another person.

Penalty: Imprisonment for 5 years.

(3)  
Paragraph (2)(a) applies to a cessation by a person:


(a) whether or not the person continues to be a Commonwealth public official in some other capacity; and


(b) whether the cessation occurred before, at or after the commencement of this section.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.