Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p196
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 196/268)
Character Range: 860129–862888

the official in the official's capacity as a public official; and
 (da) the official is a Commonwealth public official; and
 (db) if subparagraph (d)(i) applies—the status mentioned in that subparagraph was status as a Commonwealth public official; and
 (dc) if subparagraph (d)(ii) applies—the conduct mentioned in that subparagraph was engaged in by the official in the official's capacity as a Commonwealth public official.
Penalty:
 (e) if the official is a Commonwealth judicial officer, a Commonwealth law enforcement officer or a Commonwealth frontline worker—imprisonment for 9 years; or
 (f) in any other case—imprisonment for 7 years.
 (1A) Absolute liability applies to the paragraphs (1)(da), (db) and (dc) elements of the offence.

Threatening to cause harm
 (2) A person (the first person) commits an offence if:
 (a) the first person makes to another person (the second person) a threat to cause harm to the second person or to a third person; and
 (b) the second person or the third person is a public official; and
 (c) the first person:
 (i) intends the second person to fear that the threat will be carried out; or
 (ii) is reckless as to causing the second person to fear that the threat will be carried out; and
 (d) the first person makes the threat because of:
 (i) the official's status as a public official; or
 (ii) any conduct engaged in by the official in the official's capacity as a public official; and
 (e) the official is a Commonwealth public official; and
 (f) if subparagraph (d)(i) applies—the status mentioned in that subparagraph was status as a Commonwealth public official; and
 (g) if subparagraph (d)(ii) applies—the conduct mentioned in that subparagraph was engaged in by the official in the official's capacity as a Commonwealth public official.
Penalty: Imprisonment for 2 years
 (2A) Absolute liability applies to the paragraphs (2)(e), (f) and (g) elements of the offence.

Threatening to cause serious harm to a former Governor‑General, former Minister or former Parliamentary Secretary
 (3) A person (the first person) commits an offence if:
 (a) the first person makes to another person (the second person) a threat to cause serious harm to the second person or to a third person; and
 (b) the second person or the third person is a former Governor‑General, a former Minister or a former Parliamentary Secretary; and
 (c) the first person:
 (i) intends the second person to fear that the threat will be carried out; or
 (ii) is reckless as to causing the second person to fear that the threat will be carried out; and
 (d) the first person makes the threat because of:
 (i) the second or third person's status as a former Governor‑General, a former Minister or a former Parliamentary Secretary; or
 (ii) any