Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p197
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 197/268)
Character Range: 862653–865502

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 conduct engaged in by the second or third person in the second or third person's former capacity as a Governor‑General, a Minister or a Parliamentary Secretary.
Penalty: Imprisonment for 7 years.

Threats
 (4) For the purposes of this section, a threat may be:
 (a) express or implied; or
 (b) conditional or unconditional.

Unnecessary to prove that a threatened person actually feared harm
 (5) In a prosecution for an offence against this section, it is not necessary to prove that the person threatened actually feared that the threat would 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 commits 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 commits an offence if:
 (a) the person falsely represents himself or herself to be a Commonwealth public official in a particular capacity; and
 (b) the person 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 person other than a Commonwealth public official commits 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 Commonwealth public official in a particular capacity; 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 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)