Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 6 - OFFICERS  

PART 6-4 - DUTIES AND POWERS OF DIRECTORS AND OTHER OFFICERS AND EMPLOYEES  

Division 265 - General duties  

SECTION 265-25   GOOD FAITH, USE OF POSITION AND USE OF INFORMATION - CRIMINAL OFFENCES  
Good faith - directors and other officers

265-25(1)    
A director or other officer of an Aboriginal and Torres Strait Islander corporation commits an offence if he or she:

(a)    is reckless; or

(b)    is intentionally dishonest;

and fails to exercise his or her powers and discharge his or her duties:

(c)    in good faith in the best interests of the corporation; or

(d)    for a proper purpose.

Penalty: 2,000 penalty units or imprisonment for 5 years, or both.

265-25(2)    
A director or other officer of an Aboriginal and Torres Strait Islander corporation that is a registered native title body corporate does not contravene subsection (1) merely because of doing (or refraining from doing) a particular act if the director or other officer does (or refrains from doing) the act:

(a)    in good faith; and

(b)    with the belief that doing (or refraining from doing) the act is necessary to ensure that the corporation complies with a Native Title legislation obligation.

Note :

A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

Use of position - directors, other officers and employees

265-25(3)    
A director, other officer or employee of an Aboriginal and Torres Strait Islander corporation commits an offence if he or she uses his or her position dishonestly:

(a)    with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the corporation; or

(b)    recklessly as to whether the use may result in him or her or someone else directly or indirectly gaining an advantage, or in causing detriment to the corporation.

Penalty: 2,000 penalty units or imprisonment for 5 years, or both.

Use of information - directors, other officers and employees

265-25(4)    
A person who obtains information because he or she is, or has been, a director or other officer or employee of an Aboriginal and Torres Strait Islander corporation commits an offence if he or she uses the information dishonestly:

(a)    with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the corporation; or

(b)    recklessly as to whether the use may result in him or her or someone else directly or indirectly gaining an advantage, or in causing detriment to the corporation.

Penalty: 2,000 penalty units or imprisonment for 5 years, or both.