Victorian Current Acts Victorian Current ActsS. 4(1) substituted by No. 2/2019 s. 7(1).
(1) For the purposes of this Act, "improper conduct" means—
(a) corrupt conduct; or
(b) conduct of a public officer or public body engaged in by the public officer or public body in their capacity as a public officer or a public body that constitutes—
(i) a criminal offence; or
(ii) serious professional misconduct; or
(iii) dishonest performance of public functions; or
(iv) an intentional or reckless breach of public trust; or
(v) an intentional or reckless misuse of information or material acquired in the course of the performance of the functions of the public officer or public body; or
(vi) a substantial mismanagement of public resources; or
(vii) a substantial risk to the health or safety of one or more persons; or
(viii) a substantial risk to the environment; or
(c) conduct of any person that—
(i) adversely affects the honest performance by a public officer or public body of their functions as a public officer or public body; or
(ii) is intended to adversely affect the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body and results in the person, or an associate of the person, obtaining—
(A) a licence, permit, approval, authority or other entitlement under any Act or subordinate instrument; or
(B) an appointment to a statutory office or as a member of the board of any public body under any Act or subordinate instrument; or
(C) a financial benefit or real or personal property; or
(D) any other direct or indirect monetary or proprietary gain—
that the person or associate would not have otherwise obtained; or
(d) conduct of any person that could constitute a conspiracy or attempt to engage in any of the conduct referred to in paragraph (a), (b) or (c).
S. 4(2) amended by No. 30/2016 s. 84(1)(2), substituted by No. 2/2019 s. 7(1).
(2) Despite subsection (1), conduct that is trivial does not constitute improper conduct for the purposes of this Act.
S. 4(2A) inserted by No. 30/2016 s. 84(3), amended by No. 2/2019 s. 7(2).
(2A) For the purposes of section 4(1)(c)(ii), the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body may be adversely affected notwithstanding that the public officer or public body does not engage in any corrupt conduct or other misconduct in performing or exercising those functions or powers.
S. 4(2B) inserted by No. 30/2016 s. 84(3), amended by No. 2/2019 s. 7(2).
(2B) For the purposes of section 4(1)(c)(ii), an associate of a first person is—
(a) a person or entity who has an agreement, arrangement or understanding with the first person or holds any relevant financial interest in any business of the first person;
(b) if the first person is a natural person, a person who is a relative of the first person;
(c) if the first person is a body corporate—
(i) an entity of whom the first person is an associate within the meaning of section 11 of the Corporations Act; or
(ii) an employee or officer of a related body corporate within the meaning of the Corporations Act to the first person.
S. 4(2C) inserted by No. 30/2016 s. 84(3).
(2C) For the purposes of subsection (2B)—
"relative" means—
(a) the spouse or domestic partner of the first person;
(b) a parent, son, daughter, brother, sister, aunt, uncle, grandparent, cousin, nephew or niece of the first person;
(c) a step-father, step-mother, legal guardian, step-son, step-daughter, step-brother, step-sister, father‑in‑law, mother-in-law, son‑in-law, daughter-in-law, brother-in-law or sister-in-law of the first person;
(d) a parent, son, daughter, brother, sister, aunt, uncle, grandparent, cousin, nephew or niece of the spouse or domestic partner of the first person;
(e) a step-father, step-mother, legal guardian, step-son, step-daughter, step-brother, step-sister, father‑in‑law, mother-in-law, son‑in-law, daughter-in-law, brother-in-law or sister-in-law of the spouse or domestic partner of the first person;
"relevant financial interest" includes any share in the capital of a business of the first person or any entitlement to receive any income or payment from a business of the first person.
(3) This Act does not apply to any conduct of any person that can be considered by the Court of Disputed Returns in proceedings in relation to a petition under Part 8 of the Electoral Act 2002 .
S. 4(4) inserted by No. 5/2019 s. 83.
(4) This Act does not apply to a disclosure relating to any conduct that may constitute a criminal offence in relation to an alleged contravention under section 30 of the Members of Parliament (Standards) Act 1978 that must be referred by the Presiding Officer to the appropriate law enforcement agency under section 30(3) of that Act.