196Good faith, use of position and use of information—criminal offences

#### 196 Good faith, use of position and use of information—criminal offences 196 Good faith, use of position and use of information—criminal offences (cf Corporations Act s 184) > > (1) Good faith—directors and other officer A director or other officer of a co-operative commits an offence if they— > > > > > (a) are reckless; or > > > > > (b) are intentionally dishonest; > > > > and fail to exercise their powers and discharge their duties— > > > > > (c) in good faith in the best interests of the co-operative; or > > > > > (d) for a proper purpose. > > > (2) Use of position—directors, other officers and employees A director, other officer or employee of a co-operative commits an offence if they use their position dishonestly— > > > > > (a) with the intention of directly or indirectly gaining an advantage for themselves, or someone else, or causing detriment to the co-operative; or > > > > > (b) recklessly as to whether the use may result in themselves or someone else directly or indirectly gaining an advantage, or in causing detriment to the co-operative. > > > (3) Use of information—directors, other officers and employees A person who obtains information because they are, or have been, a director or other officer or employee of a co-operative commits an offence if they use the information dishonestly— > > > > > (a) with the intention of directly or indirectly gaining an advantage for themselves, or someone else, or causing detriment to the co-operative; or > > > > > (b) recklessly as to whether the use may result in themselves or someone else directly or indirectly gaining an advantage, or in causing detriment to the co-operative. > > Maximum penalty—$200,000 or imprisonment for 5 years, or both.