Queensland Consolidated Acts
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CRIMINAL CODE 1899 - SECT 89
Public officers interested in contracts
89 Public officers interested in contracts
(1) Any person who, being employed in the public service, knowingly acquires
or holds, directly or indirectly, otherwise than as a member of a registered
joint stock company consisting of more than 20 persons, a private interest in
any contract or agreement which is made on account of the public service with
respect to any matter concerning the department of the service in which the
person is employed (the
"relevant department" ), is guilty of a misdemeanour, and is liable to
imprisonment for 3 years, and to be fined at the discretion of the court.
However, the person does not commit an offence against subsection (1) if,
before the person acquires or starts to hold the private interest—
person discloses the nature of the interest to the chief executive of the
relevant department; and
(b) the chief executive of the relevant department
authorises the person, in writing, to acquire or hold the interest.
(3) In a
proceeding against a person for an offence against subsection (1) , proof of
the matters mentioned in subsection (2) lies on the person.
(4) The chief
executive of a department may delegate the chief executive’s function under
subsection (2) to an appropriately qualified person.
(5) A reference in
subsection (1) to a person employed in the public service includes a
ministerial staff member under the
Ministerial and Other Office Holder Staff Act 2010 and, for that purpose—
(a) a ministerial staff member employed in the office of a Minister is taken
to be employed in each department administered by the Minister; and
ministerial staff member employed in the office of an Assistant Minister is
taken to be employed in each department for which the Assistant Minister is
given responsibility under his or her functions.
Constitution of Queensland 2001 , section 25 , an Assistant Minister has the
functions decided by the Premier.
(6) In this section—
"function" includes power.
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