Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p37
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 37/39)
Character Range: 119181–122077

be carried out.

147.3  Geographical jurisdiction

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

Division 148—Impersonation of Commonwealth public officials

148.1  Impersonation of an official by a non‑official

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

Penalty: Imprisonment for 2 years.

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

148.2  Impersonation of an official by another official

 (1) A Commonwealth public 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