Criminal Code Act 1995
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.
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