sec.9Good faith, use of position and use of information—criminal offences [CA, s 184 ]

### sec.9 Good faith, use of position and use of information—criminal offences [CA, s 184 ] A board member or officer of a distributor-retailer commits an offence if they— are reckless or are intentionally dishonest; and fail to exercise their powers and discharge their duties— in good faith in the best interests of the distributor-retailer; or for a proper purpose. Maximum penalty—20 penalty units. A board member or officer of a distributor-retailer commits an offence if they use their position— dishonestly with the intention of directly or indirectly gaining an advantage for themselves, or someone else, or causing detriment to the distributor-retailer; or recklessly as to whether the use may result in themselves or someone else directly or indirectly gaining an advantage, or in causing detriment to the distributor-retailer. Maximum penalty—20 penalty units. A person who obtains information because they are, or have been, a board member or officer of a distributor-retailer commits an offence if they use the information— dishonestly with the intention of directly or indirectly gaining an advantage for themselves, or someone else, or causing detriment to the distributor-retailer; or recklessly as to whether the use may result in themselves or someone else directly or indirectly gaining an advantage, or in causing detriment to the distributor-retailer. Maximum penalty—20 penalty units. (sec.9-ssec.1) A board member or officer of a distributor-retailer commits an offence if they— are reckless or are intentionally dishonest; and fail to exercise their powers and discharge their duties— in good faith in the best interests of the distributor-retailer; or for a proper purpose. Maximum penalty—20 penalty units. (sec.9-ssec.2) A board member or officer of a distributor-retailer commits an offence if they use their position— dishonestly with the intention of directly or indirectly gaining an advantage for themselves, or someone else, or causing detriment to the distributor-retailer; or recklessly as to whether the use may result in themselves or someone else directly or indirectly gaining an advantage, or in causing detriment to the distributor-retailer. Maximum penalty—20 penalty units. (sec.9-ssec.3) A person who obtains information because they are, or have been, a board member or officer of a distributor-retailer commits an offence if they use the information— dishonestly with the intention of directly or indirectly gaining an advantage for themselves, or someone else, or causing detriment to the distributor-retailer; or recklessly as to whether the use may result in themselves or someone else directly or indirectly gaining an advantage, or in causing detriment to the distributor-retailer. Maximum penalty—20 penalty units. - (a) are reckless or are intentionally dishonest; and - (b) fail to exercise their powers and discharge their duties— (i) in good faith in the best interests of the distributor-retailer; or (ii) for a proper purpose. - (i) in good faith in the best interests of the distributor-retailer; or - (ii) for a proper purpose. - (i) in good faith in the best interests of the distributor-retailer; or - (ii) for a proper purpose. - (a) dishonestly with the intention of directly or indirectly gaining an advantage for themselves, or someone else, or causing detriment to the distributor-retailer; or - (b) recklessly as to whether the use may result in themselves or someone else directly or indirectly gaining an advantage, or in causing detriment to the distributor-retailer. - (a) dishonestly with the intention of directly or indirectly gaining an advantage for themselves, or someone else, or causing detriment to the distributor-retailer; or - (b) recklessly as to whether the use may result in themselves or someone else directly or indirectly gaining an advantage, or in causing detriment to the distributor-retailer.