Commonwealth Consolidated Acts

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FAIR WORK (REGISTERED ORGANISATIONS) ACT 2009 - SECT 290A

Good faith, use of position and use of information--criminal offences

Good faith--officers of organisations and branches

  (1)   An officer of an organisation or a branch commits an offence if he or she:

  (a)   is reckless; or

  (b)   is intentionally dishonest;

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

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

  (d)   for a proper purpose.

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

Use of position--officers and employees of organisations and branches

  (2)   An officer or employee of an organisation or a branch commits an offence if the officer or employee 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 organisation; or

  (b)   reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.

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

Use of information--officers and employees of organisations and branches

  (3)   A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch 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 organisation; or

  (b)   reckless as to whether the use may result in himself or herself or someone else directly or indirectly gaining an advantage, or causing detriment to the organisation.

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



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