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 149 - Obstruction of Commonwealth public officials  

SECTION 149.1   Obstruction of Commonwealth public officials  

(1)  
A person commits an offence if:


(a) the person knows that another person is a public official; and


(b) the first-mentioned person obstructs, hinders, intimidates or resists the official in the performance of the official ' s functions; and


(c) the official is a Commonwealth public official; and


(d) the functions are functions as a Commonwealth public official.

Penalty: Imprisonment for 2 years.

(2)  
In a prosecution for an offence against subsection (1) , it is not necessary to prove that the defendant knew:


(a) that the official was a Commonwealth public official; or


(b) that the functions were functions as a Commonwealth public official.

(3)  
For the purposes of this section, it is immaterial whether the defendant was aware that the public official was performing the official ' s functions.

(4)  
Section 15.3 (extended geographical jurisdiction - category C) applies to an offence against subsection (1) .

(5)  
The definition of duty in section 130.1 does not apply to this section.

(6)  
In this section:

function
:


(a) in relation to a person who is a public official - means any authority, duty, function or power that is conferred on the person as a public official; or


(b) in relation to a person who is a Commonwealth public official - means any authority, duty, function or power that is conferred on the person as a Commonwealth public official.




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