Section 249E Crimes Act | Corrupt Benefits for Trustees


Section 249E of the Crimes Act is the offence of Corrupt Benefits for Trustees and is extracted below.

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The Legislation

Section 249E of the Crimes Act 1900 deals with the offence of ‘Corrupt Benefits for Trustees’ and reads as follows:

249E Corrupt benefits for trustees and others

(1) In this section, a reference to a person entrusted with property is a reference to:
(a) a trustee of the property,
(b) an executor or administrator appointed for the purpose of dealing with the property,
(c) a person who, because of a power of attorney or a power of appointment, has authority over the property, and
(d) a person managing or administering the property (or appointed or employed to manage or administer the property) under the NSW Trustee and Guardian Act 2009.

(2) Any person who offers or gives a benefit to a person entrusted with property, and any person entrusted with property who receives or solicits a benefit for anyone, without the consent:
(a) of each person beneficially entitled to the property, or
(b) of the Supreme Court,
as an inducement or reward for the appointment of any person to be a person entrusted with the property, are each liable to imprisonment for 7 years.

(3) In this section, a reference to the appointment of a person includes a reference to:
(a) joining in the appointment of the person, and
(b) assisting in the appointment of the person.

(4) Proceedings for an offence under this section shall not be commenced without the consent of the Attorney General.

(5) A consent to commence any such proceedings purporting to have been signed by the Attorney General is evidence of that consent without proof of the signature of the Attorney General.