s184 Good Faith, Use of Position and Use of Information

Have you been charged with Good Faith, Use of Position and Use of Information as criminal offence?

This complex section of the legislation contains numerous charges and offences. Consult a law firm that specialises in criminal law before proceeding further and entering your plea.

Please read below for more information in relation to this charge.

The offence

Section 184 of the Corporations Act 2001.

The prosecution must prove:

For the offence under Section 184(1):

1. The defendant was a director or officer of a corporation; and

2. They were reckless or intentionally dishonest in failing to exercise their powers and discharge their duties:

   1. In good faith in the best interests of the corporation; or

   2. For a proper purpose.

For the offence under section 184(2):

1. The defendant was a director, officer or employee of a corporation; and

2. They used their position dishonestly:

   1. With the intention of gaining an advantage for themselves or someone else or causing detriment to the corporation; or

   2. Recklessly as to gaining an advantage for themselves or someone else or causing detriment to the corporation.

For the offence under Section 184(3):

1. The defendant obtained information because they were a director, officer or employee of a corporation; and

2. They used the information dishonestly:

   1. With the intention of gaining an advantage for themselves or someone else or causing detriment to the corporation; or

   2. Recklessly as to gaining an advantage for themselves or someone else or causing detriment to the corporation.

The maximum penalty

Level 6 imprisonment being a maximum of 5 years.

Where will my case be heard?

Good Faith, Use of Position and Use of Information – Criminal Offences cases can only be heard in the Magistrates’ Court of Victoria.

Questions to consider

Do you have a defence?

If you are pleading guilty, what can you do to minimise your sentence?

What to do next?

See an experienced criminal lawyer as soon as possible. Ensure you are adequately prepared, as preparation in relation to any matter is critical. Don’t leave it to the last minute.

If you have been charged with Good Faith, Use of Position and Use of Information – Criminal Offences make an appointment to see one of our experienced lawyers today.

The legislation

Section 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.

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.

(2A) To avoid doubt, it is not a defence in a proceeding for an offence against subsection (2) that the director, other officer or employee of the corporation uses their position dishonestly:

(a)  with the intention of directly or indirectly gaining an advantage for the corporation; or

(b)  with the result that the corporation directly or indirectly gained an advantage.

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.

(4)  To avoid doubt, it is not a defence in a proceeding for an offence against subsection (3) that the person uses the information dishonestly:

(a)  with the intention of directly or indirectly gaining an advantage for the corporation; or

(b)  with the result that the corporation directly or indirectly gained an advantage.