Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p38
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 38/39)
Character Range: 121822–124748

official is guilty of an offence if:
 (a) on a particular occasion, the official impersonates another person in that other person's capacity as a Commonwealth public official; and
 (b) the first‑mentioned official does so knowing it to be in circumstances when the other official is likely to be on duty; and
 (c) the first‑mentioned official does so with intent to deceive.

Penalty: Imprisonment for 2 years.

 (2) A Commonwealth public official is guilty of an offence if:
 (a) the official falsely represents himself or herself to be another person in the other person's capacity as a Commonwealth public official; and
 (b) the first‑mentioned official does so in the course of doing an act, or attending a place, in the assumed character of the other official.

Penalty: Imprisonment for 2 years.

 (2A) For the purposes of subsection (2), it is immaterial:
 (a) whether the other person exists or is fictitious; and
 (b) whether the other person's capacity as a Commonwealth public official exists or is fictitious.

 (3) A Commonwealth public official is guilty of an offence if:
 (a) the official:
 (i) impersonates another person in the other person's capacity as a Commonwealth public official; or
 (ii) falsely represents himself or herself to be another person in the other person's capacity as a Commonwealth public official; and
 (b) the first‑mentioned official does so 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
 (c) if subparagraph (a)(i) applies—the first‑mentioned official also does so with intent to deceive.

Penalty: Imprisonment for 5 years.

 (3A) For the purposes of subparagraph (3)(a)(ii), it is immaterial:
 (a) whether the other person exists or is fictitious; and
 (b) whether the other person's capacity as a Commonwealth public official exists or is fictitious.

 (4) The definition of duty in section 130.1 does not apply to this section.

 (5) To avoid doubt, for the purposes of this section:
 (a) impersonation does not include conduct engaged in solely for satirical purposes; and
 (b) false representation does not include conduct engaged in solely for satirical purposes.

148.3  Geographical jurisdiction

  Section 15.3 (extended geographical jurisdiction—category C) applies to each offence against this Division.

Division 149—Obstruction of Commonwealth public officials

149.1  Obstruction of Commonwealth public officials

 (1) A person is guilty of 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