Section 148.1 Criminal Code Act | Impersonating a Commonwealth Public Official


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Section 148.1 of the Criminal Code Act 1995 (Cth) is Impersonating a Commonwealth Public Official and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Impersonating a Commonwealth Public Official matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

148.1  Impersonation of an official by a non-official

(1)  A person other than a Commonwealth public official is guilty of an offence if:

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

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

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

Penalty:  Imprisonment for 2 years.

(2)  A person other than a Commonwealth public official is guilty of an offence if:

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

(b)  the person 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 person other than a Commonwealth public official is guilty of an offence if:

(a)  the person:

(i)  impersonates another person in that 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 person 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 person 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.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.