Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p39
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 39/39)
Character Range: 124490–126494

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.

Part 7.20—Miscellaneous

Division 261—Miscellaneous

261.1  Saving of other laws

  This Chapter is not intended to exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.

261.2  Contempt of court

  This Chapter does not limit the power of a court to punish a contempt of the court.

261.3  Ancillary offences

  To avoid doubt, subsection 11.6(2) does not apply to the following provisions:
 (a) subsection 131.1(2) (theft);
 (b) subsection 132.1(2) (receiving);
 (c) subsection 132.2(2) (robbery);
 (d) subsection 132.3(2) (aggravated robbery);
 (e) subsections 132.4(2), (5) and (9) (burglary);
 (f) subsection 132.5(2) (aggravated burglary);
 (g) the definitions of aggravated burglary, aggravated robbery, burglary, receiving, robbery and theft in the Dictionary.