Clause 7

by deleting subsection (1) and substituting the following subsections:“(1) An individual or entity that by any means —

uses any indecent, threatening, abusive or insulting words or behaviour; or

makes any indecent, threatening, abusive or insulting communication,towards or to a public servant or public service worker (called in this section, except subsection (1A), the victim) in relation to the execution of the duty of the public servant or public service worker, shall be guilty of an offence.(1A) An individual or entity that contravenes section 3(1)(c) (in relation to a target person under section 3(1)(c) who is a public servant or public service worker) —

with the intent to prevent or deter that public servant or public service worker from discharging the duty of that public servant or public service worker; or

in consequence of anything done or attempted to be done by that public servant or public service worker in the lawful discharge of the duty of that public servant or public service worker,shall be guilty of an offence.”;

by deleting the word “person” in subsection (2) and substituting the words “accused individual or accused entity (called in this section the accused)”;

by deleting the words “Any person who contravenes subsection (1) shall be guilty of an offence and, subject to section 8, shall be liable on conviction” in subsection (3) and substituting the words “Subject to section 8, an individual or entity shall be liable, on conviction for an offence under subsection (1) or (1A),”;

by deleting the words “In any proceedings for an offence under subsection (3), it is a defence for the accused person” in subsection (4) and substituting the words “It is a defence for the accused”;

by deleting the words “that he” in subsection (4)(a) and substituting the words “in any proceedings for an offence under subsection (1), that the accused”;

by deleting the word “him” in subsection (4)(a) and substituting the words “the accused”;

by deleting the words “that his” in subsection (4)(b) and substituting the words “in any proceedings for an offence under subsection (1) or (1A), that the accused’s”;

by inserting, immediately after subsection (7), the following Illustration:“IllustrationX is unhappy that a public servant, Y, refused to waive a late payment charge. X writes several posts on an open social media platform with abusive comments about Y in relation to the incident. In a subsequent post, X posts Y’s name, home address and photograph on the same open social media platform in order to cause Y distress. Y is distressed by the subsequent post. X is guilty of an offence under this section.”; and

by deleting the words “Threatening, abusing or insulting” in the section heading and substituting the words “Offences in relation to”.