Dishonest use of Position


The maximum penalty for this offence is five years imprisonment and/or a $22,000 fine.

Which Court is Likely to Hear the Matter

This matter is indictable and will be dealt with in the District Court.

Common Ways in Which this Might Occur

  • You sold, gave away or used company property for the advantage of yourself or friends
  • You entered into a non arms-length transaction with the company
  • You used the company to pay your personal bills

What the Prosecution Must Prove – the Elements of the Offence:

  • That you were a director, officer or employee of the company
  • That you used your position as a director, officer or employee
  • Your use of your position was dishonest according to the standards of ordinary people

Possible Defence

This matter can sometimes be defended on the basis that the conduct is not dishonest according to the standards of ordinary persons. This is a difficult element for the prosecution to prove.

The Law

It is an offence under the Corporations Act to dishonestly use your position as a director or officer to gain advantage or cause detriment to a company.

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in corporate crime and will be able to guide you through the process while dealing with the various authorities related to your matter.

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