South Australian Current Acts South Australian Current Acts251—Abuse of public office
(1) A public officer
who improperly—
(a)
exercises power or influence that the public officer has by virtue of his or
her public office; or
(b)
refuses or fails to discharge or perform an official duty or function; or
(c) uses
information that the public officer has gained by virtue of his or her
public office,
with the intention of—
(d)
securing a benefit for himself or herself or for another person; or
(e)
causing injury or detriment to another person,
is guilty of an offence.
Maximum penalty:
(a) for
a basic offence—imprisonment for 7 years;
(b) for
an aggravated offence—imprisonment for 10 years.
(2) A former
public officer who improperly uses information that he or she gained by virtue
of his or her public office with the intention of—
(a)
securing a benefit for himself or herself or for another person; or
(b)
causing injury or detriment to another person,
is guilty of an offence.
Maximum penalty:
(a) for
a basic offence—imprisonment for 7 years;
(b) for
an aggravated offence—imprisonment for 10 years.
(3) This section does
not apply in relation to the use of information by a member of Parliament in
the course of, or for the purposes of, the proper exercise of the functions of
a member of Parliament (which include, without limitation, receiving
information from constituents and making enquiries on behalf of constituents).