359Abuse of public office

359 Abuse of public office (1) A public official commits an offence if— (a) the official— (i) exercises any function or influence that the official has as a public official; or (ii) fails to exercise any function the official has as a public official; or (iii) engages in any conduct in the exercise of the official’s duties as a public official; or (iv) uses any information that the official has gained as a public official; and

(b) the official does so with the intention of— (i) dishonestly obtaining a benefit for the official or someone else; or (ii) dishonestly causing a detriment to someone else. (a) the person has ceased to be a public official in a particular capacity; and (b) the person uses any information the person gained in that capacity; and (c) the person does so with the intention of— (i) dishonestly obtaining a benefit for the person or someone else; or (ii) dishonestly causing a detriment to someone else. (3) Subsection (2) (a) applies to a person— (a) whether the person ceased to be a public official as mentioned in the paragraph before, at or after the commencement of this section; and (b) whether or not the person continues to be a public official in another capacity. (4) For subsection (2), a public official includes the associate judge.

associate judge means the Master of the Supreme Court under the Supreme Court Act 1933, as in force at any time before the day the Courts Legislation Amendment Act 2023, section 23 commences. Note The Courts Legislation Amendment Act 2023, s 23 omitted the Supreme Court Act 1933, pt 3, which provided for the Master of the Supreme Court (known as the Associate Judge).

Impersonation or obstruction of territory public officials Part 3.8 Part 3.8 Impersonation or obstruction of territory public officials