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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Criminal Code Amendment
(Impersonating a Commonwealth Body)
Bill 2017
No. , 2017
(Attorney-General)
A Bill for an Act to amend the Criminal Code, and
for related purposes
No. , 2017
Criminal Code Amendment (Impersonating a Commonwealth Body)
Bill 2017
i
Contents
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Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Impersonating a Commonwealth body
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Criminal Code Act 1995
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No. , 2017
Criminal Code Amendment (Impersonating a Commonwealth Body)
Bill 2017
1
A Bill for an Act to amend the Criminal Code, and
1
for related purposes
2
The Parliament of Australia enacts:
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1 Short title
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This Act is the Criminal Code Amendment (Impersonating a
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Commonwealth Body) Act 2017.
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2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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commences, or is taken to have commenced, in accordance with
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column 2 of the table. Any other statement in column 2 has effect
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according to its terms.
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12
2
Criminal Code Amendment (Impersonating a Commonwealth Body)
Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
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this Act.
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(2) Any information in column 3 of the table is not part of this Act.
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Information may be inserted in this column, or information in it
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may be edited, in any published version of this Act.
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3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Impersonating a Commonwealth body Schedule 1
No. , 2017
Criminal Code Amendment (Impersonating a Commonwealth Body)
Bill 2017
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Schedule 1--Impersonating a Commonwealth
1
body
2
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Criminal Code Act 1995
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1 Part 7.8 of the Criminal Code (heading)
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Repeal the heading, substitute:
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Part 7.8--Causing harm to or obstructing
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Commonwealth public officials and
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impersonating Commonwealth public
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officials or bodies
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2 At the end of Part 7.8 of the Criminal Code
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Add:
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Division 150--False representations in relation to a
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Commonwealth body
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Subdivision A--Offences
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150.1 False representations in relation to a Commonwealth body
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(1) A person commits an offence if:
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(a) the person engages in conduct; and
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(b) the conduct results in, or is reasonably capable of resulting
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in, a representation that the person:
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(i) is a Commonwealth body; or
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(ii) is acting on behalf of, or with the authority of, a
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Commonwealth body; and
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(c) the person is not:
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(i) the Commonwealth body; or
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(ii) acting on behalf of, or with the authority of, the
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Commonwealth body.
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Schedule 1 Impersonating a Commonwealth body
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Criminal Code Amendment (Impersonating a Commonwealth Body)
Bill 2017
No. , 2017
Penalty: Imprisonment for 2 years.
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(2) A person commits an offence if:
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(a) the person engages in conduct; and
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(b) the conduct results in, or is reasonably capable of resulting
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in, a representation that the person:
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(i) is a Commonwealth body; or
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(ii) is acting on behalf of, or with the authority of, a
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Commonwealth body; and
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(c) the person engages in the conduct with the intention of:
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(i) obtaining a gain; or
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(ii) causing a loss; or
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(iii) influencing the exercise of a public duty or function;
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and
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(d) the person is not:
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(i) the Commonwealth body; or
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(ii) acting on behalf of, or with the authority of, the
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Commonwealth body.
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Penalty: Imprisonment for 5 years.
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(3) For the purposes of this section, it is immaterial whether the
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Commonwealth body exists or is fictitious.
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(4) If the Commonwealth body is fictitious, subsection (1) or (2) does
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not apply unless a person would reasonably believe that the
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Commonwealth body exists.
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(5) Without limiting section 15A of the Acts Interpretation Act 1901,
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this section does not apply to the extent (if any) that it would
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infringe any constitutional doctrine of implied freedom of political
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communication.
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(6) Section 15.3 (extended geographical jurisdiction--category C)
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applies to each offence against this section.
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(7) In this section:
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Commonwealth body means:
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(a) a Commonwealth entity; or
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Impersonating a Commonwealth body Schedule 1
No. , 2017
Criminal Code Amendment (Impersonating a Commonwealth Body)
Bill 2017
5
(b) a Commonwealth company (within the meaning of the Public
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Governance, Performance and Accountability Act 2013); or
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(c) a service, benefit, program or facility for some or all
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members of the public that is provided by or on behalf of the
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Commonwealth, whether under a law of the Commonwealth
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or otherwise.
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conduct does not include conduct engaged in solely for genuine
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satirical, academic or artistic purposes.
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Subdivision B--Injunctions
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150.5 Injunctions
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Enforceable provisions
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(1) Section 150.1 is enforceable under Part 7 of the Regulatory Powers
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Act.
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Note:
Part 7 of the Regulatory Powers Act creates a framework for using
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injunctions to enforce provisions.
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Authorised person
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(2) For the purposes of Part 7 of the Regulatory Powers Act, any
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person whose interests have been, or would be, affected by conduct
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mentioned in subsection 150.1(1) or (2) is an authorised person in
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relation to section 150.1.
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Relevant court
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(3) For the purposes of Part 7 of the Regulatory Powers Act, each of
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the following courts is a relevant court in relation to section 150.1:
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(a) the Federal Court of Australia;
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(b) the Federal Circuit Court of Australia;
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(c) the Supreme Court of a State or Territory;
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(d) the District Court (or equivalent) of a State or Territory.
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Extension to external Territories etc.
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(4) Part 7 of the Regulatory Powers Act, as that Part applies in relation
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to section 150.1, extends to:
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Schedule 1 Impersonating a Commonwealth body
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Criminal Code Amendment (Impersonating a Commonwealth Body)
Bill 2017
No. , 2017
(a) every external Territory; and
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(b) conduct outside Australia; and
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(c) conduct that results in, or is reasonably capable of resulting
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in, a representation outside Australia; and
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(d) conduct that is intended to result in a gain, a loss or influence
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outside Australia.
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3 Dictionary in the Criminal Code
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Insert:
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Regulatory Powers Act means the Regulatory Powers (Standard
9
Provisions) Act 2014.
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