sec.15Meaning of corrupt conduct

### sec.15 Meaning of corrupt conduct Corrupt conduct means conduct of a person, regardless of whether the person holds or held an appointment, that— adversely affects, or could adversely affect, directly or indirectly, the performance of functions or the exercise of powers of— a unit of public administration; or a person holding an appointment; and results, or could result, directly or indirectly, in the performance of functions or the exercise of powers mentioned in paragraph (a) in a way that— is not honest or is not impartial; or involves a breach of the trust placed in a person holding an appointment, either knowingly or recklessly; or involves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment; and would, if proved, be— a criminal offence; or a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment. Corrupt conduct also means conduct of a person, regardless of whether the person holds or held an appointment, that— impairs, or could impair, public confidence in public administration; and involves, or could involve, any of the following— collusive tendering; fraud relating to an application for a licence, permit or other authority under an Act with a purpose or object of any of the following (however described)— protecting health or safety of persons; protecting the environment; protecting or managing the use of the State’s natural, cultural, mining or energy resources; dishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of State assets; evading a State tax, levy or duty or otherwise fraudulently causing a loss of State revenue; fraudulently obtaining or retaining an appointment; and would, if proved, be— a criminal offence; or a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment. s 15 amd 2002 No. 68 s 283 sch 3 sub 2014 No. 21 s 9 amd 2018 No. 29 s 5 (sec.15-ssec.1) Corrupt conduct means conduct of a person, regardless of whether the person holds or held an appointment, that— adversely affects, or could adversely affect, directly or indirectly, the performance of functions or the exercise of powers of— a unit of public administration; or a person holding an appointment; and results, or could result, directly or indirectly, in the performance of functions or the exercise of powers mentioned in paragraph (a) in a way that— is not honest or is not impartial; or involves a breach of the trust placed in a person holding an appointment, either knowingly or recklessly; or involves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment; and would, if proved, be— a criminal offence; or a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment. (sec.15-ssec.2) Corrupt conduct also means conduct of a person, regardless of whether the person holds or held an appointment, that— impairs, or could impair, public confidence in public administration; and involves, or could involve, any of the following— collusive tendering; fraud relating to an application for a licence, permit or other authority under an Act with a purpose or object of any of the following (however described)— protecting health or safety of persons; protecting the environment; protecting or managing the use of the State’s natural, cultural, mining or energy resources; dishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of State assets; evading a State tax, levy or duty or otherwise fraudulently causing a loss of State revenue; fraudulently obtaining or retaining an appointment; and would, if proved, be— a criminal offence; or a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment. - (a) adversely affects, or could adversely affect, directly or indirectly, the performance of functions or the exercise of powers of— (i) a unit of public administration; or (ii) a person holding an appointment; and - (i) a unit of public administration; or - (ii) a person holding an appointment; and - (b) results, or could result, directly or indirectly, in the performance of functions or the exercise of powers mentioned in paragraph (a) in a way that— (i) is not honest or is not impartial; or (ii) involves a breach of the trust placed in a person holding an appointment, either knowingly or recklessly; or (iii) involves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment; and - (i) is not honest or is not impartial; or - (ii) involves a breach of the trust placed in a person holding an appointment, either knowingly or recklessly; or - (iii) involves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment; and - (c) would, if proved, be— (i) a criminal offence; or (ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment. - (i) a criminal offence; or - (ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment. - (i) a unit of public administration; or - (ii) a person holding an appointment; and - (i) is not honest or is not impartial; or - (ii) involves a breach of the trust placed in a person holding an appointment, either knowingly or recklessly; or - (iii) involves a misuse of information or material acquired in or in connection with the performance of functions or the exercise of powers of a person holding an appointment; and - (i) a criminal offence; or - (ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment. - (a) impairs, or could impair, public confidence in public administration; and - (b) involves, or could involve, any of the following— (i) collusive tendering; (ii) fraud relating to an application for a licence, permit or other authority under an Act with a purpose or object of any of the following (however described)— (A) protecting health or safety of persons; (B) protecting the environment; (C) protecting or managing the use of the State’s natural, cultural, mining or energy resources; (iii) dishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of State assets; (iv) evading a State tax, levy or duty or otherwise fraudulently causing a loss of State revenue; (v) fraudulently obtaining or retaining an appointment; and - (i) collusive tendering; - (ii) fraud relating to an application for a licence, permit or other authority under an Act with a purpose or object of any of the following (however described)— (A) protecting health or safety of persons; (B) protecting the environment; (C) protecting or managing the use of the State’s natural, cultural, mining or energy resources; - (A) protecting health or safety of persons; - (B) protecting the environment; - (C) protecting or managing the use of the State’s natural, cultural, mining or energy resources; - (iii) dishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of State assets; - (iv) evading a State tax, levy or duty or otherwise fraudulently causing a loss of State revenue; - (v) fraudulently obtaining or retaining an appointment; and - (c) would, if proved, be— (i) a criminal offence; or (ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment. - (i) a criminal offence; or - (ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment. - (i) collusive tendering; - (ii) fraud relating to an application for a licence, permit or other authority under an Act with a purpose or object of any of the following (however described)— (A) protecting health or safety of persons; (B) protecting the environment; (C) protecting or managing the use of the State’s natural, cultural, mining or energy resources; - (A) protecting health or safety of persons; - (B) protecting the environment; - (C) protecting or managing the use of the State’s natural, cultural, mining or energy resources; - (iii) dishonestly obtaining, or helping someone to dishonestly obtain, a benefit from the payment or application of public funds or the disposition of State assets; - (iv) evading a State tax, levy or duty or otherwise fraudulently causing a loss of State revenue; - (v) fraudulently obtaining or retaining an appointment; and - (A) protecting health or safety of persons; - (B) protecting the environment; - (C) protecting or managing the use of the State’s natural, cultural, mining or energy resources; - (i) a criminal offence; or - (ii) a disciplinary breach providing reasonable grounds for terminating the person’s services, if the person is or were the holder of an appointment.