General offence of corruptly accepting gratification
3. Any person who, directly or indirectly, accepts or agrees or offers to accept any gratification, whether for himself or herself or for the benefit of another person, as an inducement to corruptly do or not to do anything or as a reward for corruptly having done or not having done anything, is guilty of an offence.
General offence of corruptly giving gratification
4. Any person who, directly or indirectly, gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or of another person, as an inducement to corruptly do or not to do anything or as a reward for corruptly having done or not having done anything, is guilty of an offence.
OPTION 1: PROPOSED CLAUSES 3 AND 4
General offence of unlawfully accepting gratification
3. Any person who, directly or indirectly, accepts or agrees or offers to accept any gratification, whether for himself or herself or for the benefit of another person-
(a) as an inducement to-
(i) perform a duty or exercise a power or discretion in a dishonest or inappropriate manner or not to perform or exercise a power or discretion in a honest or appropriate manner;
(ii) commit a breach of trust or not to act trustworthy;
(iii) misuse or not to use information or material acquired in the course of the performance of a function or duty;
(iv) act or not to act in a manner that will or may achieve an unjust or unjustified result;
(b) as a reward for-
(i) performing or having performed a duty or exercise or having exercised a power or discretion in a dishonest or inappropriate manner;
(ii) committing or having committed a breach of trust;
(iii) misusing or having misused information or material acquired in the course of the performance of a function or duty;
(iv) acting or having acted in a manner that will or may achieve an unjust or unjustified result;
(c) in contravention of sections is guilty of an offence.
General offence of unlawfully giving gratification
4. Any person who, directly or indirectly, gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or of another person-
(a) as an inducement t~
(i) perform a duty or exercise a power or discretion in a dishonest or inappropriate manner or not to perform or exercise a power or discretion in a honest or appropriate manner;
(ii) commit a breach of trust or not to act trustworthy;
(iii) misuse or not to use information or material acquired in the course of te performance of a function or duty;
(iv) act or not to act in a manner that will or may achieve an unjust or unjustified result;
(b) as a reward for-
(i) performing or having performed a duty or exercise or having exercised a power or discretion in a dishonest or inappropriate manner;
(ii) committing or having committed a breach of trust;
(iii) misusing or having misused information or material acquired in the course of the performance of a function or duty;
(iv) acting or having acted in a manner that will or may achieve an unjust or unjustified result;
(c) in contravention of sections is guilty of an offence.
OPTION 2: PROPOSED CLAUSE 3
General offence of unlawfully accepting and giving gratification
3. Any person who, directly or indirectly accepts or agrees or offers to accept any gratification, whether for himself or herself or for the benefit of another person or who gives or agrees or offers to give to any other person any gratification, whether for the benefit of that other person or of another person-
(a) as an inducement to-
(i) perform a duty or exercise a power or discretion in a dishonest or inappropriate manner or not to perform or exercise a power or discretion in a honest or appropriate manner;
(ii) commit a breach of trust or not to act trustworthy;
(iii) misuse or not to use information or material acquired in the course of the performance of a function or duty;
(iv) act or not to act in a manner that will or may achieve an unjust or unjustified
result;
(b) as a reward for-
(i) performing or having performed a duty or exercise or having exercised a power or discretion in a dishonest or inappropriate manner;
(ii) committing or having committed a breach of trust;
(iii) misusing or having misused information or material acquired in the course of the performance of a function or duty;
(iv) acting or having acted in a manner that will or may achieve an uryjust or unjustified result;
(c) in contravention of sections is guilty of an offence.
SPECIFIC CLAUSES
Prohibition of accepting gratification by or giving gratification to agent
5 No agent may, in relation to the affairs or business of his or her principal, directly or indirectly-
(a) accept or agree or offer to accept any gratification, whether for himself or herself or for the benefit of another person; or
(b) give or agree or offer to give to any other person any gratification, whether for the benefit of that other person or of another person,
(i) as an inducement to-
(aa) perform a duty or exercise a power or discretion in a dishonest or inappropriate manner or not to perform or exercise a power or discretion in a honest or appropriate manner;
(bb) commit a breach of trust or not to act trustworthy;
(cc) misuse or not to use information or material acquired in the course of the performance of a function or duty;
(dd) act or not to act in a manner that will or may achieve an unjust or unjustified result;
(ii) as a reward for-(aa) performing or having performed a duty or exercise or having exercised a
power or discretion in a dishonest or inappropriate manner;
(bb) committing or having committed a breach of trust;
(cc) misusing or having misused information or material acquired in the course of the performance of a function or duty;
(dd) acting or having acted in a manner that will or may achieve an unjust or unjustified result.
(2) No person may, in relation to the affairs or business of an agent's principal, directly or indirectly-
(a) accept or agree or offer to accept from an agent any gratification, whether for himself or herself or for the benefit of another person; or
(b) give or agree or offer to give any gratification to that agent, whether for the benefit of the agent or of another person,
(i) as an inducement t~
(aa) perform a duty or exercise a power or discretion in a dishonest or inappropriate manner or not to perform or exercise a power or discretion in a honest or appropriate manner;
kflb) commit a breach of trust or not to act trustworthy;
(cc) misuse or not to use information or material acquired in the course of the performance of a function or duty;
(dd) act or not to act in a manner that will or may achieve an unjust or unjustified result;
(ii) as a reward for-(aa) performing or having performed a duty or exercise or having exercised a
power or discretion in a dishonest or inappropriate manner;
(bb) committing or having committed a breach of trust;
(cc) misusing or having misused information or material acquired in the course of the performance of a function or duty;
(dd) acting or having acted in a manner that will or may achieve an unjust or unjustified result.
of accepting gratification by or giving gratification to member of legislative Prohibition
authority
6. No member of the legislative authority may, in relation to the exercise or performance of his or her duty or authority as such a member, directly or indirectly-
(a) accept or agree or offer to accept from a person any gratification, whether for himself or herself or for the benefit of another person; or
(h) give or agree or offer to give any gratification to a person, whether for the benefit of that person or of another person,
(i) as an inducement t~
(aa) perform a duty or exercise a power or discretion in a dishonest or inappropriate manner or not to perform or exercise a power or discretion