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so that clears things up, page-91

  1. 1,232 Posts.
    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.
 
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