9Meaning of improper conduct

9 Meaning of improper conduct (1) Each of the following is improper conduct: (a) corrupt conduct; (b) misconduct; (c) unsatisfactory conduct;

Independent Commissioner Against Corruption Act 2017 11 (d) anti-democratic conduct; (e) conduct constituting an offence against this Act; (f) conduct (the secondary conduct) engaged in by any person in relation to conduct mentioned in paragraphs (a) to (e) (the primary conduct) as provided by subsection (2). (2) For subsection (1)(f), secondary conduct is conduct that would constitute an offence against one of the following sections of the Criminal Code on the assumption that the primary conduct is an offence, whether or not the primary conduct is in fact an offence: (a) section 43BF (attempt); (b) section 43BG (complicity and common purpose); (c) section 43BH (innocent agency); (d) section 43BI (incitement); (e) section 43BJ (conspiracy). (3) Secondary conduct is taken to be the same type of improper conduct as the primary conduct to which it relates. Examples for section 9 1 An attempt to engage in corrupt conduct would be improper conduct, whether or not the corrupt conduct is itself an offence. 2 An attempt to engage in corrupt conduct would also be corrupt conduct. 10 Meaning of corrupt conduct (1) Conduct is corrupt conduct if it is conduct engaged in by a public officer (whether or not the identity of the public officer is known) or by a public body: (a) that constitutes an offence, whether in the Territory or elsewhere, for which the maximum penalty is imprisonment for a term of at least 2 years, with or without a fine; and (b) that is connected to public affairs. Note for subsection (1)(b) See section 4, definition connected to public affairs.

Independent Commissioner Against Corruption Act 2017 12 (2) Conduct is also corrupt conduct if it is conduct engaged in by a public officer (whether or not the identity of the public officer is known): (a) that constitutes reasonable grounds for dismissing or terminating the services of the public officer; and (c) that involves or results in any of the following: (i) dishonesty; (ii) failure to manage adequately an actual or perceived conflict of interest; (iii) a breach of public trust; (iv) the illegal, unauthorised or otherwise inappropriate performance of official functions; (v) inappropriate conduct in relation to official information; (vi) an adverse effect on the honest, impartial or effective performance of official functions by any public officer or public body or group of public officers or public bodies. (3) Conduct is also corrupt conduct if it is conduct engaged in by a public body, a minister, an MLA or a local councillor: (a) that is connected to public affairs; and (b) that involves a serious breach of public trust by the public body, minister, MLA or councillor. (4) Conduct is also corrupt conduct if it is conduct engaged in by a person (whether or not a public officer or public body) that could impair public confidence in public administration and that involves any of the following: (a) collusive tendering; (b) intentionally or recklessly providing false or misleading information in relation to an application for a licence, permit or other authority under an Act; (c) misappropriating or misusing public resources; (d) assisting in, or dishonestly benefitting from, the misappropriation or misuse of public resources;