Document ID: chunk:federal_register_of_legislation:C2004A00717:clause:1_1:p2
Version: federal_register_of_legislation:C2004A00717
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/8)
Character Range: 3939–6649

and (c).

71.5  Recklessly causing serious harm to a UN or associated person

 (1) A person is guilty of an offence if:
 (a) the person's conduct causes serious harm to another person; and
 (b) that other person is a UN or associated person; and
 (c) the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and
 (d) the first‑mentioned person is reckless as to causing serious harm to the UN or associated person or any other person by the conduct.

Maximum penalty: Imprisonment for 15 years.

Maximum penalty (aggravated offence): Imprisonment for 19 years.

Note 1: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

Note 2: Section 71.13 defines aggravated offence.

 (2) Strict liability applies to paragraphs (1)(b) and (c).

71.6  Intentionally causing harm to a UN or associated person

 (1) A person is guilty of an offence if:
 (a) the person's conduct causes harm to another person without the consent of that person; and
 (b) that other person is a UN or associated person; and
 (c) the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and
 (d) the first‑mentioned person intends to cause harm to the UN or associated person or any other person by the conduct.

Maximum penalty: Imprisonment for 10 years.

Maximum penalty (aggravated offence): Imprisonment for 13 years.

Note 1: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

Note 2: Section 71.13 defines aggravated offence.

 (2) Strict liability applies to paragraphs (1)(b) and (c).

71.7  Recklessly causing harm to a UN or associated person

 (1) A person is guilty of an offence if:
 (a) the person's conduct causes harm to another person without the consent of that person; and
 (b) that other person is a UN or associated person; and
 (c) the UN or associated person is engaged in a UN operation that is not a UN enforcement action; and
 (d) the first‑mentioned person is reckless as to causing harm to the UN or associated person or any other person by the conduct.

Maximum penalty: Imprisonment for 7 years.

Maximum penalty (aggravated offence): Imprisonment for 9 years.

Note 1: Section 71.23 defines UN enforcement action, UN operation and UN or associated person.

Note 2: Section 71.13 defines aggravated offence.

 (2) Strict liability applies to paragraphs (1)(b) and (c).

71.8  Unlawful sexual penetration

 (1) A person is guilty of an offence if:
 (a) the person sexually penetrates another person without the consent of that person; and
 (b) that other person is a UN or associated person; and
 (c) the UN or associated person is engaged in a UN operation that