Section 149.1 Criminal Code Act | Obstruction of Commonwealth Public Officials


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The Legislation

Section 149.1 of the Criminal Code Act 1995 (Cth) is Obstruction of Commonwealth Public Officials and is extracted below.

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149.1  Obstruction of Commonwealth public officials

(1)  A person is guilty of an offence if:

(a)  the person knows that another person is a public official; and

(b)  the first-mentioned person obstructs, hinders, intimidates or resists the official in the performance of the official’s functions; and

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

(d)  the functions are functions as a Commonwealth public official.

Penalty:  Imprisonment for 2 years.

(2)  In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew:

(a)  that the official was a Commonwealth public official; or

(b)  that the functions were functions as a Commonwealth public official.

(3)  For the purposes of this section, it is immaterial whether the defendant was aware that the public official was performing the official’s functions.

(4)  Section 15.3 (extended geographical jurisdiction—category C) applies to an offence against subsection (1).

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

(6)  In this section:

function:

(a)  in relation to a person who is a public official—means any authority, duty, function or power that is conferred on the person as a public official; or

(b)  in relation to a person who is a Commonwealth public official—means any authority, duty, function or power that is conferred on the person as a Commonwealth public official.