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

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Division 146 - Preliminary

SECTION 146.1 Definitions

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(1)
In this Part:

Commonwealth frontline worker
has the meaning given by subsection (2) .

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Commonwealth law enforcement officer
means a person who is:

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

(aa) the National Anti-Corruption Commissioner; or

(ab) another staff member of the NACC (within the meaning of the National Anti-Corruption Commission Act 2022 ); 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(da) (Repealed by No 139 of 2013)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).

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History

Definition of " Commonwealth law enforcement officer " amended by No 89 of 2022, s 3 and Sch 1 items 105 and 106, by substituting para (aa) and (ab), effective 1 July 2023. Para (aa) and (ab) formerly read:

(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

Definition of " Commonwealth law enforcement officer " amended by No 41 of 2015, s 3 and Sch 6 item 61, by substituting " Australian Border Force Commissioner (within the meaning of the Australian Border Force Act 2015 ) " for " Chief Executive Officer of Customs " in para (d), effective 1 July 2015. No 41 of 2015, s 3 and Sch 6 item 62 contains the following saving provision:

62 Saving provision
62
Part 7.8 of the Criminal Code , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a thing done in relation to the Chief Executive Officer of Customs before that commencement.

Definition of " Commonwealth law enforcement officer " amended by No 41 of 2015, s 3 and Sch 5 item 59, by substituting para (e), effective 1 July 2015. No 41 of 2015, s 3 and Sch 5 item 60 contains the following saving provision:

60 Saving provision
60
Part 7.8 of the Criminal Code , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a thing done in relation to a person employed in Customs before that commencement.

Para (e) formerly read:

(e) a person employed in Customs.

Definition of " Commonwealth law enforcement officer " amended by No 139 of 2013, s 3 and Sch 1 item 98, by repealing para (da), effective 27 March 2014. No 139 of 2013, s 3 and Sch 1 item 106 contains the following application, saving and transitional provisions:

106 Continuation of offences under the Criminal Code
106
Sections 146.1, 146.2, 147.1 and 147.2 of the Criminal Code , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to conduct engaged in before that commencement in relation to the person covered by paragraph (da) of the definition of Commonwealth law enforcement officer in section 146.1 of the Criminal Code .
…
108 Transitional rules
108
The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the amendments and repeals made by Part 1 or 2 of this Schedule.

Para (da) formerly read:

(da) the Commissioner of the Anti-Dumping Commission established under section 269SMB of the Customs Act 1901 ; or

Definition of " Commonwealth law enforcement officer " amended by No 32 of 2013, s 3 and Sch 1 item 20, by inserting para (da), effective 1 July 2013.

Definition of " Commonwealth law enforcement officer " amended by No 33 of 2009, s 3 and Sch 2 item 20, by substituting " Customs " for " the Australian Customs Service " in para (e), effective 23 May 2009.

Definition of " Commonwealth law enforcement officer " amended by No 86 of 2006, s 3 and Sch 1 item 32, by inserting paras (aa) and (ab), effective 30 December 2006.

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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(2)

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A Commonwealth frontline worker is a person:

(a) who is a Commonwealth public official; and

(b) who performs work requiring the person to deal directly (whether or not in person) with the public, or a class of the public, as a primary function of their role; and

(c) who is not a Commonwealth judicial officer or a Commonwealth law enforcement officer.

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(3)

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Without limiting paragraph (2)(b) , the regulations may prescribe one or more categories of persons who, for the purposes of that paragraph, are taken to perform work requiring the persons to deal directly with the public, or a class of the public, as a primary function of their role.

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