9Meaning of corrupt conduct

9 Meaning of corrupt conduct (1) For this Act, corrupt conduct is conduct— (a) that could— (i) constitute a criminal offence; or (ii) constitute a serious disciplinary offence; or (iii) constitute reasonable grounds for dismissing, dispensing with the services of, or otherwise terminating the services of, a public official; and (b) that is any of the following: (i) conduct by a public official that constitutes the exercise of the public official’s functions as a public official in a way that is not honest or is not impartial; (ii) conduct by a public official or former public official that— (A) constitutes a breach of public trust; or (B) constitutes the misuse of information or material acquired by the official in the course of performing their official functions, whether or not the misuse is for the benefit of the official or another person; (iii) conduct that adversely affects, either directly or indirectly the honest or impartial exercise of functions by a public official or a public sector entity; (iv) conduct that— (A) adversely affects, either directly or indirectly the exercise of official functions by a public official or public sector entity; and

(B) would constitute, if proved, an offence against a provision of the Criminal Code, chapter 3 (Theft, fraud, bribery and related offences); (v) conduct that involves any of the following: (A) collusive tendering; (B) fraud in relation to applications for licences, permits or other authorities under legislation designed to protect health and safety, protect the environment or facilitate the management and commercial exploitation of resources; (C) dishonestly obtaining or assisting in obtaining, or dishonestly benefiting from, the payment or application of public funds for private advantage or the disposition of public assets for private advantage; (D) defrauding the public revenue; (E) fraudulently obtaining or retaining employment or appointment as a public official; (vi) conduct engaged in by a person in relation to conduct mentioned in subparagraphs (i) to (iv) (the primary conduct), that would constitute an offence against the Criminal Code, part 2.4 (Extensions of criminal responsibility) on the basis that the primary conduct is an offence, whether or not the primary conduct is in fact an offence. (2) For subsection (1) (a) it does not matter if— (a) proceedings or action in relation to the conduct can no longer be taken; or

(b) the conduct happened outside the Territory. Example—par (a) Action for a disciplinary offence may no longer be taken as the person who engaged in the conduct has resigned. criminal offence means a criminal offence under the law of the Territory or under any other law relevant to the conduct in question. Examples—criminal offences offences in the Criminal Code, ch 3 (Theft, fraud, bribery and related offences), including: • pt 3.2 (Theft and related offences) • pt 3.3 (Fraudulent conduct) • pt 3.4 (False or misleading statements, information and documents) • pt 3.5 (Blackmail) • pt 3.6 (Forgery and related offences) • pt 3.7 (Bribery and related offences) • pt 3.8 (Impersonation or obstruction of territory public officials) • pt 3.8A (Cheating at gambling). serious disciplinary offence includes— (a) any serious misconduct; or (b) any other matter that constitutes or may constitute grounds for— (i) termination action under any law; or (ii) a significant employment penalty. serious misconduct—see the Fair Work Regulations 2009 (Cwlth), section 1.07 (Meaning of serious misconduct).