Section 142.2 Criminal Code Act | Abuse of Public Office


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The Legislation

Section 142.2 of the Criminal Code Act 1995 (Cth) is Abuse of Public Office and is extracted below.

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142.2  Abuse of public office

(1)  A Commonwealth public official is guilty of 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 is guilty of 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.