Hansard - ACT Legislative Assembly

Legislative Assembly for the ACT: 2002 Week 14 Hansard (10 December) . . Page.. 4198 ..

Clause 68 (1)

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10 days

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14 days

Clause 74

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74 Abuse of position

(1) An official commits an offence if-

(a) the official-

(i) exercises an influence that the official has because of the official's position; or

(ii) engages in conduct in the exercise of a function that the official has because of the official's position; or

(iii) uses information gained because of the official's position; and

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

(i) dishonestly obtaining a benefit for the official or someone else; or

(ii) dishonestly causing a detriment to someone else.

Maximum penalty: imprisonment for 5 years.

(2) A person commits an offence if-

(a) the person has stopped being an official; and

(b) the person uses information that the person obtained because of the person's position as an official; and

(i) dishonestly obtaining a benefit for the person or someone else; or

(ii) dishonestly causing a detriment to someone else.

Maximum penalty: imprisonment for 5 years.

(3) In this section:

dishonestly -a person acts dishonestly if-

(a) the person's conduct is dishonest according to the standards of ordinary people; and

(b) the person knows that the conduct is dishonest according to those standards.

official means-

(a) the chief planning executive; or

(b) a council member; or

position , in relation to an official, means the position held by the official under this Act.

Clause 75 (1)

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(1) The Minister must begin a review of the operation and effectiveness of this Act not later than 31 December 2006.