Document ID: chunk:federal_register_of_legislation:C2006C00152:clause:1_15:p36
Version: federal_register_of_legislation:C2006C00152
Segment Type: clause
Provision Reference: sch 1 cl 15 (pt 36/39)
Character Range: 116720–119501

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 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
 (e) the official is a Commonwealth public official; and
 (f) if subparagraph (d)(i) applies—the status mentioned in that subparagraph was status as a Commonwealth public official; and
 (g) 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: Imprisonment for 2 years

 (2A) Absolute liability applies to the paragraphs (2)(e), (f) and (g) elements of the offence.

Threatening to cause serious harm to a former Governor‑General, former Minister or former Parliamentary Secretary

 (3) 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 former Governor‑General, a former Minister or a former Parliamentary Secretary; 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 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