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 147.2   Threatening to cause harm to a Commonwealth public official etc.  
Threatening to cause serious harm

(1)    
A person (the first person ) commits 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 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


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


(db) if subparagraph (d)(i) applies - the status mentioned in that subparagraph was status as a Commonwealth public official; and


(dc) 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:

  • (e) if the official is a Commonwealth judicial officer or a Commonwealth law enforcement officer - imprisonment for 9 years; or
  • (f) in any other case - imprisonment for 7 years.

  • (1A)    
    Absolute liability applies to the paragraphs (1)(da) , (db) and (dc) elements of the offence.

    Threatening to cause harm

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


    (a) the first person makes to 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 ) commits 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.


     

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