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, a Commonwealth law enforcement officer or a Commonwealth frontline worker - 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.