A Board member or a member of the staff of the Agency commits an offence if he or she uses his or her position dishonestly:
(a) with the intention of:
(i) directly or indirectly gaining an advantage for himself or herself or someone else; or
(ii) causing detriment to the ability of the Board to perform its functions; or
(iii) causing detriment to another person; or
(b) recklessly as to whether the use may result in:
(i) him or her or someone else directly or indirectly gaining an advantage; or
(ii) causing detriment to the ability of the Board to perform its functions; or
(iii) causing detriment to another person.
Penalty: Imprisonment for 5 years or 2,000 penalty units, or both.