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Good Faith, Use of Position and Use of Information – Criminal Offences

Other (inc. Computer Offences) – VIC

Welcome to the VIC Good faith, use of position and use of information – criminal offences article page. Everything you need to know about Good faith, use of position and use of information – criminal offences according to VIC law.

What the Law States according to VIC Law for Good faith, use of position and use of information – criminal offences

According to VIC Law for the charge of Good faith, use of position and use of information – criminal offences,

Corporations Act 2001 – SECT 184
Good faith, use of position and use of information–criminal offences

Good faith–directors and other officers

(1) A director or other officer of a corporation commits an offence if they:

(a) are reckless; or

(b) are intentionally dishonest;

and fail to exercise their powers and discharge their duties:

(c) in good faith in the best interests of the corporation; or(d) for a proper purpose.

Note: Section 187 deals with the situation of directors of wholly-owned subsidiaries.

Use of position–directors, other officers and employees

(2) A director, other officer or employee of a corporation commits an offence if they use their position dishonestly:

(a) with the intention of directly or indirectly gaining an advantage for themselves, or someone else, or causing detriment to the corporation; 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 corporation.

Use of information–directors, other officers and employees

(3) A person who obtains information because they are, or have been, a director or other officer or employee of a corporation commits an offence if they use the information dishonestly:

(a) with the intention of directly or indirectly gaining an advantage for themselves, or someone else, or causing detriment to the corporation; 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 corporation.

The Maximum Penalty – Good faith, use of position and use of information – criminal offences

According to VIC Law for the charge of Good faith, use of position and use of information – criminal offences, 5 years imprisonment.

What the Police must prove according to VIC Law for Good faith, use of position and use of information – criminal offences

1. A director of a company if they are either reckless or intentionally dishonest. Have failed to exercise their powers and duties as director in the good faith and best interests of the corporation, or for a proper purpose.

2. A director of a company has dishonestly and intentionally used their position to gain an advantage for themselves, directly or indirectly (including the use of information due to their position as director) to the detriment of the corporation; or they are reckless whether the use of their position will result in someone else gaining an advantage to the detriment of the corporation.

Possible Defences under VIC Law – Good faith, use of position and use of information – criminal offences

1. Factual dispute
2. Lack of intent
3. Lack of betterment

In VIC which court will hear the matter – Good faith, use of position and use of information – criminal offences

Magistrates Court, if prosecution and defence consent, otherwise County Court

 

Date: 09/01/2009

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