Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p35
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 35/39)
Character Range: 114223–116933

(eb) and (ec) elements of the offence.

Causing harm to a former Governor‑General, former Minister or former Parliamentary Secretary

 (2) A person (the first person) is guilty of an offence if:
 (a) the first person engages in conduct; and
 (b) the first person's conduct causes harm to another person; and
 (c) the other person is a former Governor‑General, a former Minister or a former Parliamentary Secretary; and
 (d) the first person intends that his or her conduct cause harm to the other person; and
 (e) the harm is caused without the consent of the other person; and
 (f) the first person engages in his or her conduct because of:
 (i) the other person's status as a former Governor‑General, former Minister or former Parliamentary Secretary; or
 (ii) any conduct engaged in by the other person in the other person's former capacity as a Governor‑General, Minister or Parliamentary Secretary.

Penalty: Imprisonment for 10 years.

147.2  Threatening to cause harm to a Commonwealth public official etc.

Threatening to cause serious harm

 (1) A person (the first person) is guilty of an offence if:
 (a) the first person makes to another person (the second person) a threat to cause serious harm to the second person or to a third person; and
 (b) the second person or the third person is a public official; and
 (c) the first person:
 (i) intends the second person to fear that the threat will be carried out; or
 (ii) is reckless as to causing the second person to fear that the threat will be carried out; and
 (d) the first person makes the threat because of:
 (i) the official's status as a public official; or
 (ii) any conduct engaged in by the official in the official's capacity as a public official; and
 (da) the official is a Commonwealth public official; and
 (db) if subparagraph (d)(i) applies—the status mentioned in that subparagraph was status as a Commonwealth public official; and
 (dc) if subparagraph (d)(ii) applies—the conduct mentioned in that subparagraph was engaged in by the official in the official's capacity as a Commonwealth public official.

Penalty:
 (e) if the official is a Commonwealth judicial officer or a Commonwealth law enforcement officer—imprisonment for 9 years; or
 (f) in any other case—imprisonment for 7 years.

 (1A) Absolute liability applies to the paragraphs (1)(da), (db) and (dc) elements of the offence.

Threatening to cause harm

 (2) A person (the first person) is guilty of an offence if:
 (a) the first person makes to another person (the second person) a threat to cause harm to the second person or to a third person; and
 (b) the second person or the third person is a public official; and
 (c) the first person:
 (i) intends the