Criminal Code Amendment (Impersonating a Commonwealth Body) Act 2018

Overview

The Criminal Code Amendment (Impersonating a Commonwealth Body) Act 2018, enacted by the Parliament of Australia and assented to on 21 June 2018, aims to address the problem of individuals or entities impersonating Commonwealth bodies, whether real or fictitious, with the intent to gain, cause a loss, or influence public duties. This Act amends the Criminal Code Act 1995 by introducing new offences and penalties related to the false representation of Commonwealth bodies, which includes Commonwealth entities, companies, or public services. The overarching policy objective is to enhance the integrity and credibility of Commonwealth bodies by deterring and penalising fraudulent activities that could undermine public trust and confidence. This Act introduces two new offences under Division 150 of Part 7.8 in the Criminal Code. The first offence pertains to making a representation that one is a Commonwealth body or is acting on its behalf, which can result in imprisonment for up to two years. The second offence escalates the penalty to five years of imprisonment if the representation is made with the intent to obtain a gain, cause a loss, or influence the exercise of a public duty or function. The Act also outlines provisions for enforceable injunctions under the Regulatory Powers Act and extends the jurisdiction of relevant courts to external territories and conduct outside Australia. This legislative measure is designed to provide a robust legal framework to combat the impersonation of Commonwealth bodies and protect the public from fraudulent activities.

Scope and Application

The Criminal Code Amendment (Impersonating a Commonwealth Body) Act 2018 amends the Criminal Code Act 1995 to introduce new offences related to the impersonation of Commonwealth bodies. This Act applies to any person who engages in conduct that results in, or is reasonably capable of resulting in, a representation that they are a Commonwealth body, or are acting on behalf of, or with the authority of, a Commonwealth body, when they are neither. This conduct must be intentional, and may include doing so for the purpose of obtaining a gain, causing a loss, or influencing the exercise of a public duty or function. The Act covers Commonwealth entities, Commonwealth companies, and services provided by or on behalf of the Commonwealth, whether under a Commonwealth law or otherwise. The Act applies throughout the Commonwealth of Australia, including its external territories, and to conduct occurring outside Australia if it results in a representation outside Australia or is intended to result in a gain, loss, or influence outside Australia. The Act does not apply if the conduct is engaged in solely for genuine satirical, academic, or artistic purposes. The Act came into force the day after receiving Royal Assent, which was 22 June 2018. The application and enforcement of the Act may be extended through subordinate instruments, such as regulations or guidelines, which may specify further details or exceptions.

Key Provisions

The Criminal Code Amendment (Impersonating a Commonwealth Body) Act 2018 amends the Criminal Code Act 1995 by introducing new offences related to the impersonation of Commonwealth bodies. Specifically, section 150.1 introduces an offence for making false representations that one is a Commonwealth body or is acting on its behalf without actually being authorised by it. Section 150.1(1) makes it an offence to conduct oneself in a way that results in a representation that one is a Commonwealth body or is acting on its behalf, provided that the person is neither the body nor acting on its behalf. The penalty for this offence is imprisonment for up to two years (section 150.1(1)). Section 150.1(2) further defines an offence for similar conduct carried out with the intention of obtaining a gain, causing a loss, or influencing the exercise of a public duty or function, with the penalty being imprisonment for up to five years (section 150.1(2)). The Act clarifies that it does not apply to conduct engaged in for genuine satirical, academic, or artistic purposes and does not infringe on any constitutional doctrine of implied freedom of political communication (sections 150.1(4), (5), and (6)). Under this Act, individuals who engage in conduct that results in the false representation of being a Commonwealth body or acting on its behalf face specific obligations and requirements. They must ensure that any conduct they engage in does not mislead others into believing they are a Commonwealth body or have its authority unless they genuinely are. This includes being aware of the potential consequences of such misrepresentations, which can lead to significant legal penalties. Additionally, the Act mandates that any person affected by such conduct can seek enforcement actions, such as injunctions, under Part 7 of the Regulatory Powers Act (section 150.5(1)). Authorised persons, defined as those whose interests are affected by the conduct, can seek such remedies (section 150.5(2)), and relevant courts include the Federal Court of Australia, the Federal Circuit Court of Australia, and the Supreme and District Courts of the States and Territories (section 150.5(3)). The Act imposes serious consequences for breaches of its provisions. Section 150.1(1) establishes that falsely representing oneself as a Commonwealth body or acting on its behalf is an offence punishable by up to two years of imprisonment. This penalty escalates to up to five years of imprisonment if the conduct is undertaken with the intention of obtaining a gain, causing a loss, or influencing the exercise of a public duty or function (section 150.1(2)). Additionally, the Act extends to external territories and conduct outside Australia, ensuring that the prohibitions apply globally where the conduct could reasonably be interpreted as impersonating a Commonwealth body (section 150.1(7)). These penalties underscore the seriousness with which the Act treats impersonation offences, aiming to deter individuals from engaging in such conduct.