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.