Criminal Code Amendment (Impersonating a Commonwealth Body) Act 2018 (44 of 2018)
Schedule 1 Impersonating a Commonwealth body
Criminal Code Act 1995
2 At the end of Part 7.8 of the Criminal Code
Add:
Division 150 - False representations in relation to a Commonwealth body
Subdivision A - Offences
150.1 False representations in relation to a Commonwealth body
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in, or is reasonably capable of resulting in, a representation that the person:
(i) is a Commonwealth body; or
(ii) is acting on behalf of, or with the authority of, a Commonwealth body; and
(c) the person is not:
(i) the Commonwealth body; or
(ii) acting on behalf of, or with the authority of, the Commonwealth body.
Penalty: Imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in, or is reasonably capable of resulting in, a representation that the person:
(i) is a Commonwealth body; or
(ii) is acting on behalf of, or with the authority of, a Commonwealth body; and
(c) the person engages in the conduct 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
(d) the person is not:
(i) the Commonwealth body; or
(ii) acting on behalf of, or with the authority of, the Commonwealth body.
Penalty: Imprisonment for 5 years.
(3) For the purposes of this section, it is immaterial whether the Commonwealth body exists or is fictitious.
(4) If the Commonwealth body is fictitious, subsection (1) or (2) does not apply unless a person would reasonably believe that the Commonwealth body exists.
(5) Without limiting section 15A of the Acts Interpretation Act 1901, this section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.
(6) Section 15.3 (extended geographical jurisdiction - category C) applies to each offence against this section.
(7) In this section:
Commonwealth body means:
(a) a Commonwealth entity; or
(b) a Commonwealth company (within the meaning of the Public Governance, Performance and Accountability Act 2013); or
(c) a service, benefit, program or facility for some or all members of the public that is provided by or on behalf of the Commonwealth, whether under a law of the Commonwealth or otherwise.
conduct does not include conduct engaged in solely for genuine satirical, academic or artistic purposes.
Subdivision B - Injunctions
150.5 Injunctions
Enforceable provisions
(1) Section 150.1 is enforceable under Part 7 of the Regulatory Powers Act.
Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.
Authorised person
(2) For the purposes of Part 7 of the Regulatory Powers Act, any person whose interests have been, or would be, affected by conduct mentioned in subsection 150.1(1) or (2) is an authorised person in relation to section 150.1.
Relevant court
(3) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to section 150.1:
(a) the Federal Court of Australia;
(b) the Federal Circuit Court of Australia;
(c) the Supreme Court of a State or Territory;
(d) the District Court (or equivalent) of a State or Territory.
Extension to external Territories etc.
(4) Part 7 of the Regulatory Powers Act, as that Part applies in relation to section 150.1, extends to:
(a) every external Territory; and
(b) conduct outside Australia; and
(c) conduct that results in, or is reasonably capable of resulting in, a representation outside Australia; and
(d) conduct that is intended to result in a gain, a loss or influence outside Australia.