Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 89

89 Public officers interested in contracts

(1) Any person who, being employed in the public service, knowingly acquires or holds, directly or indirectly, otherwise than as a member of a registered joint stock company consisting of more than 20 persons, a private interest in any contract or agreement which is made on account of the public service with respect to any matter concerning the department of the service in which the person is employed (the
"relevant department" ), is guilty of a misdemeanour, and is liable to imprisonment for 3 years, and to be fined at the discretion of the court.

(2) However, the person does not commit an offence against subsection (1) if, before the person acquires or starts to hold the private interest—

(a) the person discloses the nature of the interest to the chief executive of the relevant department; and

(b) the chief executive of the relevant department authorises the person, in writing, to acquire or hold the interest.

(3) In a proceeding against a person for an offence against subsection (1) , proof of the matters mentioned in subsection (2) lies on the person.

(4) The chief executive of a department may delegate the chief executive’s function under subsection (2) to an appropriately qualified person.

(5) A reference in subsection (1) to a person employed in the public service includes a ministerial staff member under the Ministerial and Other Office Holder Staff Act 2010 and, for that purpose—

(a) a ministerial staff member employed in the office of a Minister is taken to be employed in each department administered by the Minister; and

(b) a ministerial staff member employed in the office of an Assistant Minister is taken to be employed in each department for which the Assistant Minister is given responsibility under his or her functions.

Example—

Under the Constitution of Queensland 2001 , section 25 , an Assistant Minister has the functions decided by the Premier.

(6) In this section—

"function" includes power.