Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 7 - THE PROPER ADMINISTRATION OF GOVERNMENT  

Part 7.6 - Bribery and related offences  

Division 142 - Offences relating to bribery  

SECTION 142.2   Abuse of public office  

(1)    
A Commonwealth public official commits an offence if:

(a) the official:

(i) exercises any influence that the official has in the official ' s capacity as a Commonwealth public official; or

(ii) engages in any conduct in the exercise of the official ' s duties as a Commonwealth public official; or

(iii) uses any information that the official has obtained in the official ' s capacity as a Commonwealth public official; and

(b) the official does so with the intention of:

(i) dishonestly obtaining a benefit for himself or herself or for another person; or

(ii) dishonestly causing a detriment to another person.

Penalty: Imprisonment for 5 years.

(2)    
A person commits an offence if:

(a) the person has ceased to be a Commonwealth public official in a particular capacity; and

(b) the person uses any information that the person obtained in that capacity as a Commonwealth public official; and

(c) the person does so with the intention of:

(i) dishonestly obtaining a benefit for himself or herself or for another person; or

(ii) dishonestly causing a detriment to another person.

Penalty: Imprisonment for 5 years.

(3)    
Paragraph (2)(a) applies to a cessation by a person:

(a) whether or not the person continues to be a Commonwealth public official in some other capacity; and

(b) whether the cessation occurred before, at or after the commencement of this section.