Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p34
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 34/39)
Character Range: 111642–114469

person employed in the Australian Customs Service.

fear includes apprehension.

harm means:
 (a) physical harm (whether temporary or permanent); or
 (b) harm to a person's mental health (whether temporary or permanent);
but does not include being subjected to a force or impact that is within the limits of what is reasonably acceptable as incidental to:
 (c) social interaction; or
 (d) life in the community.

harm to a person's mental health includes significant psychological harm to the person, but does not include a reference to ordinary emotional reactions (for example, distress, grief, fear or anger).

physical harm includes:
 (a) unconsciousness; and
 (b) pain; and
 (c) disfigurement; and
 (d) infection with a disease; and
 (e) any physical contact with a person that the person might reasonably object to in the circumstances (whether or not the person was aware of it at the time).

serious harm means any harm (including the cumulative effect of more than one harm) that:
 (a) endangers, or is likely to endanger, a person's life; or
 (b) is, or is likely to be, significant and longstanding.

146.2  Causing harm

  For the purposes of this Part, a person's conduct is taken to cause harm if it substantially contributes to harm.

Division 147—Causing harm to Commonwealth public officials

147.1  Causing harm to a Commonwealth public official etc.

Causing harm to a Commonwealth public official

 (1) 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 a public official; and
 (c) the first person intends that his or her conduct cause harm to the official; and
 (d) the harm is caused without the consent of the official; and
 (e) the first person engages in his or her conduct 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
 (ea) the public official is a Commonwealth public official; and
 (eb) if subparagraph (e)(i) applies—the status mentioned in that subparagraph was status as a Commonwealth public official; and
 (ec) if subparagraph (e)(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:
 (f) if the official is a Commonwealth judicial officer or a Commonwealth law enforcement officer—imprisonment for 13 years; or
 (g) in any other case—imprisonment for 10 years.

 (1A) Absolute liability applies to the paragraphs (1)(ea), (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)