Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 3 Offences against the administration of law and justice, against office and againstpublic authorityChapter 13 Corruption and abuse of office[s 92A]92AMisconduct in relation to public office(1) A public officer who, with intent to dishonestly gain a benefitfor the officer or another person or to dishonestly cause adetriment to another person—(a) deals with information gained because of office; or(b) performs or fails to perform a function of office; or(c) without limiting paragraphs (a) and (b), does an act ormakes an omission in abuse of the authority of office;is guilty of a crime.Maximum penalty—7 years imprisonment.(2) A person who ceases to be a public officer in a particularcapacity is guilty of a crime if, with intent to dishonestly gaina benefit for the person or another person or to dishonestlycause a detriment to another person, the person deals withinformation gained because of the capacity.Maximum penalty—7 years imprisonment.(3) Subsection (2) applies whether or not the person continues tobe a public officer in some other capacity.(4) A reference in subsections (1) and (2) to information gainedbecause of office or a particular capacity includes informationgained because of an opportunity provided by the office orcapacity.(4A) The offender is liable to imprisonment for 14 years if, for anoffence against subsection (1) or (2), the person whodishonestly gained a benefit, directly or indirectly, was aparticipant in a criminal organisation.(4B) For an offence defined in subsection (1) or (2) alleged to havebeen committed with the circumstance of aggravationmentioned in subsection (4A), it is a defence to thecircumstance of aggravation to prove that the criminalorganisation is not an organisation that has, as 1 of itspurposes, the purpose of engaging in, or conspiring to engagein, criminal activity.Current as at 1 December 2014 Page 83