40Abuse of public office

40 Abuse of public office

(1) An officer commits an offence if: (a) the officer: (i) exercises any influence that the officer has in the officer’s capacity as an officer under this Act; or (ii) engages in any conduct in the exercise of the officer’s duties as such an officer; and (b) the officer does so with the intention of: (i) dishonestly obtaining a benefit for himself or herself or any other person; or (ii) dishonestly causing a detriment to another person.

Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.

(2) In a prosecution for an offence against subsection (1), the determination of dishonesty is a matter for the trier of fact. (3) In this section:

benefit includes any advantage and is not limited to property.

detriment includes any disadvantage and is not limited to personal injury or to loss of, or damage to, property.

obtain includes:

(a) obtain for another person; and
(b) induce a third person to do something that results in another person obtaining.