Northern Territory Numbered Acts Northern Territory Numbered Acts(1) This section amends the Criminal Code.
(2) Section 103A
repeal, substitute
(1) A person must not do any of the following with the intention of inducing a person who is, or may be, involved in a criminal investigation or judicial proceedings, to act or not to act in a way that might influence the outcome of the investigation or proceedings:
(a) stalk a person within the meaning of section 189;
(b) cause or procure any physical injury to a person or property;
(c) threaten or attempt to cause or procure any physical injury to a person or property;
(d) cause detriment of any kind to a person.
Fault elements:
The person:
(a) intentionally does an act mentioned in paragraph (a), (b), (c) or (d); and
(b) intends to induce a person to act or not to act in a way that might influence the outcome of a criminal investigation or judicial proceedings; and
(c) knows, or is reckless as to whether, the person is or may be involved in the investigation or proceedings.
Maximum penalty: Imprisonment for 7 years.
(2) A person must not do any of the following on account of anything said or done by a person involved in a criminal investigation or judicial proceedings in good faith in the conduct of the investigation or proceedings:
(a) stalk a person within the meaning of section 189;
(b) cause or procure any physical injury to a person or property;
(c) threaten or attempt to cause or procure any physical injury to a person or property;
(d) cause detriment of any kind to a person.
Fault elements:
The person:
(a) intentionally does an act mentioned in paragraph (a), (b), (c) or (d); and
(b) has knowledge of the thing said or done by a person involved in a criminal investigation or judicial proceedings in the conduct of the investigation or proceedings.
Maximum penalty: Imprisonment for 7 years.
(3) A person must not do any of the following with the intention of influencing the manner in which a public officer discharges or performs his or her official duties or functions:
(a) stalk a person within the meaning of section 189;
(b) cause or procure any physical injury to a person or property;
(c) threaten or attempt to cause or procure any physical injury to a person or property;
(d) cause detriment of any kind to a person.
Fault elements:
The person:
(a) intentionally does an act mentioned in paragraph (a), (b), (c) or (d); and
(b) intends to influence the manner in which a public officer discharges or performs his or her official duties or functions; and
(c) knows, or is reckless as to whether, the person is a public officer.
Maximum penalty: Imprisonment for 7 years.
(4) A person must not do any of the following on account of anything said or done by a public officer in good faith in the discharge or performance, or purported discharge or performance, of his or her official duties or functions:
(a) stalk a person within the meaning of section 189;
(b) cause or procure any physical injury to a person or property;
(c) threaten or attempt to cause or procure any physical injury to a person or property;
(d) cause detriment of any kind to a person.
Fault elements:
The person:
(a) intentionally does an act mentioned in paragraph (a), (b), (c) or (d); and
(b) has knowledge of the thing said or done by a public officer in good faith in the discharge or performance or purported discharge or performance of his or her official duties or functions.
Maximum penalty: Imprisonment for 7 years.
(5) For this section:
(a) a person is involved in a criminal investigation if the person is involved in such an investigation as a witness, victim or legal practitioner or is otherwise assisting police with their inquiries; and
(b) a person is involved in judicial proceedings , whether the proceedings are in progress or are proceedings that are to be, or may be, instituted at a later time, if the person is:
(i) a judicial officer or other officer at the proceedings; or
(ii) involved in the proceedings as a witness, juror (whether the person has been sworn as a juror or not) or legal practitioner.
(6) In this section:
"public officer" includes the following:
(a) a person appointed to public office by the Administrator or a minister;
(b) a judicial officer;
(c) a member of the Legislative Assembly;
(d) a public sector employee;
(e) a police officer;
(f) any other officer or employee of the Territory;
(g) a member of a Territory instrumentality or the governing body of a Territory instrumentality or an officer or employee of a Territory instrumentality;
(h) a member of a local government body or an officer or employee of a local government body;
(i) a person who personally performs work for the Territory, a Territory instrumentality or a local government body as a contractor or an employee of a contractor or otherwise directly or indirectly on behalf of a contractor.
Territory instrumentality means:
(a) an Agency or instrumentality of the Territory; or
(b) any body (whether or not incorporated) that is established by or under an Act and:
(i) is comprised of persons, or has a governing body comprised of persons, a majority of whom are appointed by the Administrator, a minister or an Agency or instrumentality of the Territory; or
(ii) is subject to control or direction by a minister.
(3) Schedule 1, after " Section 66 (Offences relating to riots)"
insert
Section 103A (Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings or against public officers)