Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 7 - THE PROPER ADMINISTRATION OF GOVERNMENT  

Part 7.8 - Causing harm to or obstructing Commonwealth public officials and impersonating Commonwealth public officials or bodies  

Division 146 - Preliminary  

SECTION 146.1   146.1   Definitions  


In this Part:

Commonwealth law enforcement officer
means a person who is:


(a) a member or special member of the Australian Federal Police; or


(aa) the Integrity Commissioner (within the meaning of the Law Enforcement Integrity Commissioner Act 2006 ); or


(ab) a staff member of ACLEI (within the meaning of the Law Enforcement Integrity Commissioner Act 2006 ); or


(b) a member of the Board of the Australian Crime Commission established under section 7B of the Australian Crime Commission Act 2002 ; or


(ba) an examiner (within the meaning of that Act); or


(c) a member of the staff of the ACC (within the meaning of that Act); or


(d) the Australian Border Force Commissioner (within the meaning of the Australian Border Force Act 2015 ); or


(da) (Repealed by No 139 of 2013)


(e) a person who is an APS employee in the Department administered by the Minister administering the Australian Border Force Act 2015 and who is in the Australian Border Force (within the meaning of that Act).

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.




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