Australian Capital Territory Current Acts

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CRIMINAL CODE 2002 - SECT 360

Impersonating territory public official

    (1)     A person commits an offence if the person—

        (a)     on a particular occasion, impersonates someone else in the other person's capacity as a territory public official; and

        (b)     does so—

              (i)     knowing it to be in circumstances when the official is likely to be performing his or her duty; and

              (ii)     with intent to deceive.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

    (2)     A person commits an offence if the person—

        (a)     falsely represents the person to be a territory public official in a particular capacity (whether or not that capacity exists or is fictitious); and

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

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

    (3)     A person commits an offence if the person—

        (a)     either—

              (i)     impersonates someone else in the other person's capacity as a territory public official; or

              (ii)     falsely represents himself or herself to be a territory public official in a particular capacity (whether or not that capacity exists or is fictitious); and

        (b)     does so—

              (i)     with the intention of obtaining a gain, causing a loss or influencing the exercise of a public duty; and

              (ii)     if paragraph (a) (i) applies—also with intent to deceive.

Maximum penalty: 500 penalty units, imprisonment for 5 years or both.

    (4)     To remove any doubt, in this section:

"false representation" does not include conduct engaged in solely for entertainment.

"impersonation" does not include conduct engaged in solely for entertainment.



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