Corporations Act. Australia

Чтение книги онлайн.

      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.