Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p198
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 198/268)
Character Range: 865259–868204

for 5 years.
 (3A) For the purposes of subparagraph (3)(a)(ii), it is immaterial whether that 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 commits 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 commits an offence if:
 (a) the official falsely represents himself or herself to be a Commonwealth public official in a particular capacity; and
 (b) the official does so in the course of doing an act, or attending a place, in the assumed capacity of such an official.
Penalty: Imprisonment for 2 years.
 (2A) For the purposes of subsection (2), it is immaterial whether that capacity as a Commonwealth public official exists or is fictitious.
 (3) A Commonwealth public official commits 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 a Commonwealth public official in a particular capacity; 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 whether that 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 commits an offence if:
 (a) the person knows that another person is a public official; and
 (b) the first‑mentioned person obstructs, hinders, intimidates