Impersonation of an official by another official
148.2 Impersonation of an official by another official
A Commonwealth public official commits an offence if:
on a particular occasion, the official impersonates another person in that other person’s capacity as a Commonwealth public official; and
the first‑mentioned official does so knowing it to be in circumstances when the other official is likely to be on duty; and
the first‑mentioned official does so with intent to deceive.
Penalty: Imprisonment for 2 years.
A Commonwealth public official commits an offence if:
the official falsely represents himself or herself to be a Commonwealth public official in a particular capacity; and
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.
For the purposes of subsection (2), it is immaterial whether that capacity as a Commonwealth public official exists or is fictitious.
A Commonwealth public official commits an offence if:
the official:
impersonates another person in the other person’s capacity as a Commonwealth public official; or
falsely represents himself or herself to be a Commonwealth public official in a particular capacity; and
the first‑mentioned official does so with the intention of:
obtaining a gain; or
causing a loss; or
influencing the exercise of a public duty or function; and
if subparagraph (a)(i) applies—the first‑mentioned official also does so with intent to deceive.
Penalty: Imprisonment for 5 years.
For the purposes of subparagraph (3)(a)(ii), it is immaterial whether that capacity as a Commonwealth public official exists or is fictitious.
The definition of duty in section 130.1 does not apply to this section.
To avoid doubt, for the purposes of this section:
impersonation does not include conduct engaged in solely for satirical purposes; and
false representation does not include conduct engaged in solely for satirical purposes.
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