Australian Capital Territory Current Acts

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CRIMINAL CODE 2002 - SECT 359

Abuse of public office

    (1)     A public official commits an offence if—

        (a)     the official—

              (i)     exercises any function or influence that the official has as a public official; or

              (ii)     fails to exercise any function the official has as a public official; or

              (iii)     engages in any conduct in the exercise of the official's duties as a public official; or

              (iv)     uses any information that the official has gained as a public official; 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: 500 penalty units, imprisonment for 5 years or both.

    (2)     A person commits an offence if—

        (a)     the person has ceased to be a public official in a particular capacity; and

        (b)     the person uses any information the person gained in that capacity; and

        (c)     the person does so with the intention of—

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

              (ii)     dishonestly causing a detriment to someone else.

Maximum penalty: 500 penalty units, imprisonment for 5 years or both.

    (3)     Subsection (2) (a) applies to a person—

        (a)     whether the person ceased to be a public official 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 official in another capacity.

    (4)     For subsection (2), a "public official" includes the associate judge.

    (5)     In this section:

"associate judge" means the Master of the Supreme Court under the Supreme Court Act 1933

, as in force at any time before the day the Courts Legislation Amendment Act 2023

, section 23 commences.

Note     The Courts Legislation Amendment Act 2023

, s 23 omitted the Supreme Court Act 1933

, pt 3, which provided for the Master of the Supreme Court (known as the Associate Judge).



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