Queensland Consolidated Acts

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CRIME AND CORRUPTION ACT 2001 - SECT 15

Meaning of corrupt conduct

15 Meaning of corrupt conduct

(1)
"Corrupt conduct" means conduct of a person, regardless of whether the person holds or held an appointment, that—
(a) adversely affects, or could adversely affect, directly or indirectly, the performance of functions or the exercise of powers of—
(i) a unit of public administration; or
(ii) a person holding an appointment; and
(b) results, or could result, directly or indirectly, in the performance of functions or the exercise of powers mentioned in paragraph (a) in a way that—
(i) is not honest or is not impartial; or
(ii) involves a breach of the trust placed in a person holding an appointment, either knowingly or recklessly; or
(iii) involves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment; and
(c) would, if proved, be—
(i) a criminal offence; or
(ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.
(2)
"Corrupt conduct" also means conduct of a person, regardless of whether the person holds or held an appointment, that—
(a) impairs, or could impair, public confidence in public administration; and
(b) involves, or could involve, any of the following—
(i) collusive tendering;
(ii) fraud relating to an application for a licence, permit or other authority under an Act with a purpose or object of any of the following (however described)—
(A) protecting health or safety of persons;
(B) protecting the environment;
(C) protecting or managing the use of the State’s natural, cultural, mining or energy resources;
(iii) dishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of State assets;
(iv) evading a State tax, levy or duty or otherwise fraudulently causing a loss of State revenue;
(v) fraudulently obtaining or retaining an appointment; and
(c) would, if proved, be—
(i) a criminal offence; or
(ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.



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