61Use of position—criminal offence

#### 61 Use of position—criminal offence A Board member or a member of the staff of the Agency commits an offence if he or she uses his or her position dishonestly: (a) with the intention of: (i) directly or indirectly gaining an advantage for himself or herself or someone else; or (ii) causing detriment to the ability of the Board to perform its functions; or (iii) causing detriment to another person; or (b) recklessly as to whether the use may result in: (i) him or her or someone else directly or indirectly gaining an advantage; or (ii) causing detriment to the ability of the Board to perform its functions; or (iii) causing detriment to another person. Penalty: Imprisonment for 5 years or 2,000 penalty units, or both.