79Advancing secret personal interests

79 Advancing secret personal interests (1) A public officer who is a public sector employee commits an offence if: (a) the officer knowingly holds a private interest; and (b) the officer would be able to exercise the officer's duties or functions as an officer in a manner that substantially affects the private interest and the officer is reckless in relation to that (c) the officer had a reasonable opportunity to disclose the private interest to an appropriate person; and (d) the officer fails to disclose the private interest to an appropriate person and is reckless in relation to that failure; and (e) the conduct mentioned in paragraph (d) is improper. (3) Absolute liability applies to subsection (1)(e). (4) A public officer commits an offence if: (a) the officer knowingly holds a private interest; and (b) the officer: (i) intentionally exercises the officer's duties or functions as a public officer in a manner that materially affects the private interest; and (ii) obtains a benefit as a result of the conduct mentioned in subparagraph (i); and (iii) is reckless in relation to that result; and (c) the officer fails to disclose the private interest to an appropriate person and is reckless in relation to that failure; and Criminal Code Act 1983 99 (d) the conduct mentioned in paragraphs (b) and (c) is improper. Examples for subsection (4)(b) (a) the officer influences the performance or management of, or influences the decision whether to enter into or terminate, a contract or agreement made on account of the public sector that affects the value of a business in which the officer is a partner; or (b) the officer influences a decision to refuse a licence to a business that is a competitor with a business which owes the officer money. (5) Absolute liability applies to subsection (4)(d). (6) This section does not apply to a person who is a public officer by the sole reason of being a member, officer or employee of a public body mentioned in section 16(1)(l) of the Independent Commissioner Against Corruption Act 2017. appropriate person means one of the following: (a) for a public officer who is a public sector employee – the Chief Executive Officer of the Agency in, or in relation to, which the public officer is employed or engaged; (b) for a public officer who is not a public sector employee or a Chief Executive Officer – the Chief Executive Officer of the Agency in, or in relation to, which the public officer is employed or engaged; (c) for a public officer who holds an office established under an Act and is not a public sector employee – the minister administering that Act; (d) for a public officer mentioned in section 16(2)(f) of the Independent Commissioner Against Corruption Act 2017 – the person mentioned in section 16(2)(a) to (e) of that Act by whom, or on behalf of whom, the public officer is engaged; (e) for a public officer who is a Chief Executive Officer of an Agency – the minister responsible for that Agency; (f) for a minister other than the Chief Minister – the Chief Minister; (g) for the Chief Minister – the Administrator; Criminal Code Act 1983 100 (h) for a member of the Legislative Assembly other than the Speaker – the Speaker; (i) for the Speaker – the Deputy Speaker; (j) for a police officer other than the Commissioner of Police – the Commissioner of Police; (k) for the Chief Justice – the next most senior Supreme Court Judge; (l) for the Chief Judge – the Chief Justice; (m) for any other Local Court Judge – the Chief Judge; (n) for the President of the Civil and Administrative Tribunal (the Tribunal) – the Chief Judge; (o) for any member of the Tribunal who is a judicial officer – the Chief Judge; (p) for any other member of the Tribunal – the President of the Tribunal; (q) for the Territory Coroner – the Chief Judge; (r) for the Deputy Coroner – the Territory Coroner; (s) for a public officer who is an employee of a local government council other than the CEO (as defined in section 7 of the Local Government Act 2019) of that council – the CEO of that council; (t) for the CEO of a local government council – the principal member (as defined in section 7 of the Local Government Act 2019) of that council; (u) for a member of a local government council other than the principal member – the principal member; (v) for the principal member of a local government council – the CEO of that council. private interest means a legal or financial interest that is held directly or indirectly. Criminal Code Act 1983 101