Australian Capital Territory Current Acts

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CRIMINAL CODE 2002 - SECT 361

Obstructing territory public official

    (1)     A person commits an offence if—

        (a)     the person obstructs, hinders, intimidates or resists a public official in the exercise of his or her functions as a public official; and

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

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

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

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

    (2)     Absolute liability applies to subsection (1) (c).

    (3)     Strict liability applies to the circumstance that the public official was exercising the official's functions as a public official.

    (4)     In this section:

"function"—

        (a)     in relation to a person who is a public official—means a function that is given to the person as a public official; and

        (b)     in relation to a person who is a territory public official—means a function given to the person as a territory public official.



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