Page:National Anti-Corruption Commission Act 2022.pdf/29

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Part 2—Key concepts used in this Act

Division 1—Corrupt conduct and corruption issues

8 Meaning of corrupt conduct

(1) Each of the following is corrupt conduct:

(a) any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly:
(i) the honest or impartial exercise of any public official's powers as a public official; or
(ii) the honest or impartial performance of any public official's functions or duties as a public official
(b) any conduct of a public official that constitutes or involves a breach of public trust;
(c) any conduct of a public official that constitutes, involves or is engaged in for the purpose of abuse of the person's office as a public official;
(d) any conduct of a public official, or former public official, that constitutes or involves the misuse of information or documents acquired in the person's capacity as a public official.

(2) However, paragraph (1)(a) does not apply in relation to conduct of the following:

(a) the Governor-General;
(b) a Deputy Governor-General;
(c) a Justice of the High Court or a judge of a court created by the Parliament;
(d) a judge of a court of a State or Territory;
(e) a member of a Royal Commission;
(f) the Inspector, or a person assisting the Inspector.