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Section 149.1 Criminal Code Act 1995
Obstruction of Commonwealth Public Officials

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

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

The Legislation

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:


(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.

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.

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