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CRIME AND CORRUPTION ACT 2001 - SECT 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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