4Meaning of *improper conduct*

4 Meaning of *improper conduct*

S. 4(1) substituted by No. 2/2019 s. 7(1).

(1) For the purposes of this Act, improper conduct means—

(a) corrupt conduct; or

(b) conduct of a public officer or public body engaged in by the public officer or public body in their capacity as a public officer or a public body that constitutes—

(i) a criminal offence; or

(ii) serious professional misconduct; or

(iii) dishonest performance of public functions; or

(iv) an intentional or reckless breach of public trust; or

(v) an intentional or reckless misuse of information or material acquired in the course of the performance of the functions of the public officer or public body; or

(vi) a substantial mismanagement of public resources; or

(vii) a substantial risk to the health or safety of one or more persons; or

(viii) a substantial risk to the environment; or

(c) conduct of any person that—

(i) adversely affects the honest performance by a public officer or public body of their functions as a public officer or public body; or

(ii) is intended to adversely affect the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body and results in the person, or an associate of the person, obtaining—

(A) a licence, permit, approval, authority or other entitlement under any Act or subordinate instrument; or

(B) an appointment to a statutory office or as a member of the board of any public body under any Act or subordinate instrument; or

(C) a financial benefit or real or personal property; or

(D) any other direct or indirect monetary or proprietary gain—

that the person or associate would not have otherwise obtained; or

(d) conduct of any person that could constitute a conspiracy or attempt to engage in any of the conduct referred to in paragraph (a), (b) or (c).

S. 4(2) amended by No. 30/2016 s. 84(1)(2), substituted by No. 2/2019 s. 7(1).

(2) Despite subsection (1), conduct that is trivial does not constitute improper conduct for the purposes of this Act.

S. 4(2A) inserted by No. 30/2016 s. 84(3), amended by No. 2/2019 s. 7(2).

(2A) For the purposes of section 4(1)(c)(ii), the effective performance or exercise by a public officer or public body of the functions or powers of the public officer or public body may be adversely affected notwithstanding that the public officer or public body does not engage in any corrupt conduct or other misconduct in performing or exercising those functions or powers.