Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Tasmania
CRIMINAL CODE AMENDMENT
(MISCONDUCT IN PUBLIC OFFICE) BILL 2015
CONTENTS
1. Short Title
2. Commencement
3. Principal Act
4. Schedule 1 amended (Criminal Code)
5. Repeal of Act
CRIMINAL CODE AMENDMENT (MISCONDUCT IN
PUBLIC OFFICE) BILL 2015
(Brought in by Cassandra Stanwell O'Connor)
A BILL FOR
An Act to amend the Criminal Code Act 1924
Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and
consent of the Legislative Council and House of Assembly, in Parliament assembled, as
follows:
1. Short title
This Act may be cited as the Criminal Code Amendment (Misconduct in
Public Office) Bill 2015.
2. Commencement
This Act commences on the day after the day on which this Act
receives the Royal Assent.
3. Principal Act
In this Act, the Criminal Code Act 1924 is referred to as the Principal
Act.
4. Schedule 1 amended (Criminal Code)
Schedule 1 to the Principal Act is amended as follows:
(a) by deleting the existing definition of 'public officer' in section 1 and
replacing it with the following:
Public officer means a person who is a public authority or a person
who holds any office, employment or position, including a voluntary
position, in a public authority whether the appointment to the office,
employment or position is by way of selection or election or by any
other manner.
(b) by inserting the following definition of 'public authority' into section 1
Public authority means -
(a) the Parliament of Tasmania and any person performing
functions or exercising powers under the Parliamentary
Privilege Act 1898;
(b) a person employed in an office of a Minister, Parliamentary
Secretary or other Member of Parliament whether in accordance
with the State Service Act 2000 or otherwise, except for a person
performing functions or exercising powers under the
Parliamentary Privilege Act 1898;
(c) a State Service Agency;
(d) the Police Service;
(e) the Governor of Tasmania;
(f) any person performing functions under the Governor of
Tasmania Act 1982;
(g) a Government Business Enterprise;
(h) the Board of a Government Business Enterprise;
(i) a State-owned company;
(j) the Board of a State-owned company;
(k) the University of Tasmania;
(l) a body or authority, whether incorporated or not, whose
members or a majority of whose members are appointed by the
Governor or a Minister under an Act;
(m) the holder of a statutory office;
(n) a local authority;
(o) a council-owned company;
(p) a judge of the Supreme Court;
(q) the Associate Judge of the Supreme Court;
(r) a magistrate of the Magistrates Court;
(s) a court;
(t) members of a tribunal;
(u) members of the Tasmanian Industrial Commission;
(v) an integrity entity as defined within the Integrity Commission Act
2009;
(w) any other prescribed, person, body or authority, whether
incorporated or not -
(i) to which any money is paid by way of appropriation from
the Public Account; or
(ii) over which the Government or a Minister exercises control.
(c) by inserting the following after section 83:
83A Misconduct in public office.
(1) Any public officer who, without lawful authority or justification--
(a) acts, or fails to act, upon any knowledge or information
obtained by reason of his or her office or employment; or
(b) acts, or fails to act, in any matter, in the performance or
discharge of the functions of his or her office or employment, in
relation to which he or she has, directly or indirectly, any
pecuniary interest; or
(c) acts corruptly in the performance or discharge of the functions
of his or her office or employment,
so as to gain a benefit, whether pecuniary or otherwise, for any
person, corporation, association or organisation, or so as to cause a
detriment, whether pecuniary or otherwise, to any person or
corporation, association or organisation,
is guilty of a crime.
Charge: misconduct in public office
(2) Any person who has ceased to be a public officer in a particular
capacity and who, without lawful authority or justification acts,
or fails to act, upon any knowledge or information obtained in
that capacity so as to gain a benefit, whether pecuniary or
otherwise, for any person, corporation, association or
organisation, or so as to cause a detriment, whether pecuniary
or otherwise, to any person, corporation, association or
organisation,
is guilty of a crime.
Charge: misconduct after public office
(3) Subsection (2) applies to a person:
(a) whether the person ceased to be a public officer as mentioned
in the paragraph before, at or after the commencement of this
section; and
(b) whether or not the person continues to be a public officer in
another capacity.
5. Repeal of Act
This Act is repealed on the three hundred and sixty fifth day from the
day on which it commences.