Section 148.2 Criminal Code Act | Impersonating an Official by Another Official


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The Legislation

Section 148.2 of the Criminal Code Act 1995 (Cth) is Impersonating an Official by Another Official and is extracted below.

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148.2  Impersonation of an official by another official

(1)  A Commonwealth public official is guilty of an offence if:

(a)  on a particular occasion, the official impersonates another person in that other person’s capacity as a Commonwealth public official; and

(b)  the first-mentioned official does so knowing it to be in circumstances when the other official is likely to be on duty; and

(c)  the first-mentioned official does so with intent to deceive.

Penalty:  Imprisonment for 2 years.

(2)  A Commonwealth public official is guilty of an offence if:

(a)  the official falsely represents himself or herself to be a Commonwealth public official in a particular capacity; and

(b)  the official does so in the course of doing an act, or attending a place, in the assumed capacity of such an official.

Penalty:  Imprisonment for 2 years.

(2A)  For the purposes of subsection (2), it is immaterial whether that capacity as a Commonwealth public official exists or is fictitious.

(3)  A Commonwealth public official is guilty of an offence if:

(a)  the official:

(i)  impersonates another person in the other person’s capacity as a Commonwealth public official; or

(ii)  falsely represents himself or herself to be a Commonwealth public official in a particular capacity; and

(b)  the first-mentioned official does so with the intention of:

(i)  obtaining a gain; or

(ii)  causing a loss; or

(iii)  influencing the exercise of a public duty or function; and

(c)  if subparagraph (a)(i) applies—the first-mentioned official also does so with intent to deceive.

Penalty:  Imprisonment for 5 years.

(3A)  For the purposes of subparagraph (3)(a)(ii), it is immaterial whether that capacity as a Commonwealth public official exists or is fictitious.

(4)  The definition of duty in section 130.1 does not apply to this section.

(5)  To avoid doubt, for the purposes of this section:

(a)  impersonation does not include conduct engaged in solely for satirical purposes; and

(b)  false representation does not include conduct engaged in solely for satirical purposes.