Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p199
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 199/268)
Character Range: 867909–870701

this Division.

Division 149—Obstruction of Commonwealth public officials

149.1  Obstruction of Commonwealth public officials
 (1) A person commits an offence if:
 (a) the person knows that another person is a public official; and
 (b) the first‑mentioned person obstructs, hinders, intimidates or resists the official in the performance of the official's functions; and
 (c) the official is a Commonwealth public official; and
 (d) the functions are functions as a Commonwealth public official.
Penalty: Imprisonment for 2 years.
 (2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:
 (a) that the official was a Commonwealth public official; or
 (b) that the functions were functions as a Commonwealth public official.
 (3) For the purposes of this section, it is immaterial whether the defendant was aware that the public official was performing the official's functions.
 (4) Section 15.3 (extended geographical jurisdiction—category C) applies to an offence against subsection (1).
 (5) The definition of duty in section 130.1 does not apply to this section.
 (6) In this section:
function:
 (a) in relation to a person who is a public official—means any authority, duty, function or power that is conferred on the person as a public official; or
 (b) in relation to a person who is a Commonwealth public official—means any authority, duty, function or power that is conferred on the person as a Commonwealth public official.

Division 150—False representations in relation to a Commonwealth body

Subdivision A—Offences

150.1  False representations in relation to a Commonwealth body
 (1) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct results in, or is reasonably capable of resulting in, a representation that the person:
 (i) is a Commonwealth body; or
 (ii) is acting on behalf of, or with the authority of, a Commonwealth body; and
 (c) the person is not:
 (i) the Commonwealth body; or
 (ii) acting on behalf of, or with the authority of, the Commonwealth body.
Penalty: Imprisonment for 2 years.
 (2) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct results in, or is reasonably capable of resulting in, a representation that the person:
 (i) is a Commonwealth body; or
 (ii) is acting on behalf of, or with the authority of, a Commonwealth body; and
 (c) the person engages in the conduct with the intention of:
 (i) obtaining a gain; or
 (ii) causing a loss; or
 (iii) influencing the exercise of a public duty or function; and
 (d) the person is not:
 (i) the Commonwealth body; or
 (ii) acting on behalf of, or with the authority of, the Commonwealth body.
Penalty: Imprisonment for 5 years.
 (3) For the purposes of this section,