Corrupt Conduct Definition by ICAC
Excerpt from: Independent Commission Against
Corruption Act 1988
Part 3 - Corrupt conduct
7 Corrupt conduct
(1) For the purposes of this Act, corrupt conduct is
any conduct which falls within the description of
corrupt conduct in either or both of subsections (1)
and (2) of section 8, but which is not excluded by
section 9. (2) Conduct comprising a conspiracy or
attempt to commit or engage in conduct that would be
corrupt conduct under section 8 (1) or (2) shall
itself be regarded as corrupt conduct under section 8
(1) or (2). (3) Conduct comprising such a conspiracy
or attempt is not excluded by section 9 if, had the
conspiracy or attempt been brought to fruition in
further conduct, the further conduct could constitute
or involve an offence or grounds referred to in that
section.
8 General nature of corrupt conduct
(1) Corrupt conduct is: (a) any conduct of any person
(whether or not a public official) that adversely
affects, or that could adversely affect, either
directly or indirectly, the honest or impartial
exercise of official functions by any public
official, any group or body of public officials or
any public authority, or (b) any conduct of a public
official that constitutes or involves the dishonest
or partial exercise of any of his or her official
functions, or (c) any conduct of a public official or
former public official that constitutes or involves a
breach of public trust, or (d) any conduct of a
public official or former public official that
involves the misuse of information or material that
he or she has acquired in the course of his or her
official functions, whether or not for his or her
benefit or for the benefit of any other person. (2)
Corrupt conduct is also any conduct of any person
(whether or not a public official) that adversely
affects, or that could adversely affect, either
directly or indirectly, the exercise of official
functions by any public official, any group or body
of public officials or any public authority and which
could involve any of the following matters: (a)
official misconduct (including breach of trust, fraud
in office, nonfeasance, misfeasance, malfeasance,
oppression, extortion or imposition), (b) bribery,
(c) blackmail, (d) obtaining or offering secret
commissions, (e) fraud, (f) theft, (g) perverting the
course of justice, (h) embezzlement, (i) election
bribery, (j) election funding offences, (k) election
fraud, (l) treating, (m) tax evasion, (n) revenue
evasion, (o) currency violations, (p) illegal drug
dealings, (q) illegal gambling, (r) obtaining
financial benefit by vice engaged in by others, (s)
bankruptcy and company violations, (t) harbouring
criminals, (u) forgery, (v) treason or other offences
against the Sovereign, (w) homicide or violence, (x)
matters of the same or a similar nature to any listed
above, (y) any conspiracy or attempt in relation to
any of the above.
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