Commonwealth Consolidated Acts

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NATIONAL ANTI-CORRUPTION COMMISSION ACT 2022 - SECT 201

Meaning of NACC corruption issue

  (1)   A NACC corruption issue is an issue of whether, in the circumstances mentioned in subsection   (2), a person:

  (a)   has engaged in corrupt conduct; or

  (b)   is engaging in corrupt conduct; or

  (c)   will engage in corrupt conduct.

Note:   A NACC corruption issue is not a corruption issue: see subsection   9(2).

  (2)   The circumstances are:

  (a)   the person is a staff member of the NACC; or

  (b)   the conduct of the person adversely affects, or could adversely affect, either directly or indirectly:

  (i)   the honest or impartial exercise of the powers of a staff member of the NACC; or

  (ii)   the honest or impartial performance of the functions, duties of a staff member of the NACC; or

  (c)   the person's conduct occurs in conspiracy with a staff member of the NACC.

  (3)   For the purposes of subsection   (2), it is immaterial whether the conduct was, is or will be engaged in before the staff member was, or while the staff member is or was, a staff member of the NACC.



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