Page:National Anti-Corruption Commission Act 2022.pdf/30

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(3) To avoid doubt, paragraph (1)(a) covers a public official's own conduct, if it has, or could have, the specified adverse effects in relation to the public official's powers, functions or duties. Conduct before commencement

(4) Conduct may be corrupt conduct even though it occurred before the commencement of this section.

(5) Conduct involving a public official may be corrupt conduct even though the person was no longer a public official when this section commenced.

Judicial powers, functions and duties

(6) Corrupt conduct does not include conduct engaged in by a staff member of the High Court or of a court created by the Parliament to exercise a power, or perform a function or duty, of a judicial nature.

(7) Conduct is not corrupt conduct under paragraph (1)(a) to the extent that it affects the exercise of a power, or the performance of a function or duty, of a judicial nature by a public official who is a staff member of the High Court or of a court created by the Parliament.

Note: A Justice of the High Court or a judge of a court created by the Parliament is not a staff member of a Commonwealth agency: see paragraph 12(5)(d).

Conduct need not be for personal benefit

(8) Conduct involving a public official may be corrupt conduct even if the conduct is not for the person's personal benefit.

Conduct alone or with others

(9) A person may engage in corrupt conduct alone, or with the agreement or participation of other persons (whether or not those other persons are public officials).