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 147 - Causing harm to Commonwealth public officials  

SECTION 147.1   Causing harm to a Commonwealth public official etc.  
Causing harm to a Commonwealth public official

(1)    
A person (the first person ) commits 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.

(1B)    
If:

(a) a person is charged with an offence against subsection (1) ; and

(b) the public official concerned is a Commonwealth judicial officer or a Commonwealth law enforcement officer;

a court of summary jurisdiction may, with the consent of the defendant and the prosecutor and if the court is satisfied that it is proper to do so, determine the charge summarily.

(1C)    
If a court of summary jurisdiction convicts a person of an offence against subsection (1) in accordance with subsection (1B) , the penalty that the court may impose is a sentence of imprisonment not exceeding 2 years or a fine not exceeding 120 penalty units, or both.

Causing harm to a former Governor-General, former Minister or former Parliamentary Secretary

(2)    
A person (the first person ) commits an offence if:

(a) the first person engages in conduct; and

(b) the first person ' s conduct causes harm to another person; and

(c) the other person is a former Governor-General, a former Minister or a former Parliamentary Secretary; and

(d) the first person intends that his or her conduct cause harm to the other person; and

(e) the harm is caused without the consent of the other person; and

(f) the first person engages in his or her conduct because of:

(i) the other person ' s status as a former Governor-General, former Minister or former Parliamentary Secretary; or

(ii) any conduct engaged in by the other person in the other person ' s former capacity as a Governor-General, Minister or Parliamentary Secretary.

Penalty: Imprisonment for 10 years.