75CImproper conduct

75C Improper conduct (1) A person's conduct is improper if the conduct, in the circumstances, warrants criminal sanction. (2) The finder of fact must find the conduct improper unless: (a) the finder of fact is satisfied that: (i) the conduct is trivial; or (ii) the conduct has caused only minimal damage to the public interest; and (b) the finder of fact is satisfied that the conduct, in the circumstances, does not warrant criminal sanction. (3) In deciding whether a person's conduct, in the circumstances, warrants criminal sanction, the finder of fact must have regard to the following matters: (a) if the person is a public officer – whether the person behaved in a way reasonably expected of a public officer; (b) if the person is not a public officer – whether the person behaved in a way reasonably expected of the person; (c) whether the person acted in an honest and reasonable belief that the person was lawfully entitled to act in the manner the person acted in the conduct being considered; (d) the seriousness of the conduct and any result of the conduct; (e) whether the conduct occurred: (i) as an isolated incident; or (ii) as part of repeated similar conduct; or (iii) as part of a course of conduct.

Criminal Code Act 1983 95