Document ID: chunk:federal_register_of_legislation:C2004A00717:clause:1_1:p4
Version: federal_register_of_legislation:C2004A00717
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 4/8)
Character Range: 8849–11551

or a foreign law the maximum penalty for which is death, or imprisonment for not less than 12 months.

71.10  Unlawful detention of UN or associated person

 (1) A person is guilty of an offence if:
 (a) the person takes or detains another person without that other person's consent; and
 (b) that other person is a UN or associated person; and
 (c) the UN or associated person is engaged in a UN operation that is not a UN enforcement action.

Maximum penalty: Imprisonment for 5 years.

Maximum penalty (aggravated offence): Imprisonment for 6 years.

Note 1: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

Note 2: Section 71.13 defines aggravated offence.

 (2) Strict liability applies to paragraphs (1)(b) and (c).

71.11  Intentionally causing damage to UN or associated person's property etc.

 (1) A person is guilty of an offence if:
 (a) the person's conduct causes damage to official premises, private accommodation or a means of transportation (the property); and
 (b) the property is occupied or used by a UN or associated person; and
 (c) the conduct gives rise to a danger of serious harm to a person; and
 (d) that person is the UN or associated person referred to in paragraph (b); and
 (e) the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and
 (f) the first‑mentioned person intends to cause the damage to the property; and
 (g) the first‑mentioned person is reckless as to the danger to the person referred to in paragraph (c).

Maximum penalty: Imprisonment for 10 years.

Note: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

 (2) Strict liability applies to paragraphs (1)(b), (d) and (e).

71.12  Threatening to commit other offences

  A person is guilty of an offence if the person:
 (a) threatens to commit an offence (the threatened offence) under any of sections 71.2 to 71.11; and
 (b) intends to compel any other person to do or omit to do an act by making the threat.

Maximum penalty:
 (a) if the threatened offence is the offence under section 71.2 (murder of a UN or associated person)—imprisonment for 10 years; or
 (b) if the threatened offence is the offence under section 71.3, 71.4, 71.5, 71.8 or 71.9 (manslaughter of, causing serious harm to, kidnapping, or sexually penetrating, a UN or associated person)—imprisonment for 7 years; or
 (c) if the threatened offence is the offence under section 71.6 or 71.11 (causing harm to, or damaging the property etc. of, a UN or associated person)—imprisonment for 5 years; or
 (d) if the threatened offence is the offence under section 71.7 or 71.10 (recklessly causing harm to, or unlawful