Criminal Code Act 1983

(b) causes damage to a public facility in committing the property damage offence.

Fault elements:

The person:

(a) has the fault elements for a particular property damage offence; and

Maximum penalty: Imprisonment for life.

(2) A person who is convicted of the offence of attempting to commit an offence against subsection (1) is punishable by imprisonment not exceeding 14 years.

Note for subsection (2)

For the offence of attempting to commit the offence, see section 43BF.

(3) A person is guilty of an offence if the person makes a threat to another person to damage a public facility.

Fault elements:

The person:

(a) intentionally makes a threat to another person to damage a public facility; and

(b) intends to cause the other person to fear that the threat will be carried out and will cause:

Maximum penalty: Imprisonment for 15 years.

(a) it is not necessary to prove that the threatened person actually feared that the threat would be carried out; and

(b) a threat may be made by any conduct, and may be explicit or implicit and conditional or unconditional; and

(d) fear that a threat will be carried out includes apprehension that the threat will be carried out.

damage to a public facility means:

(a) causing damage to a public facility or any part of the facility; or

public facility means any of the following (whether publicly or privately owned):

(a) government facilities, including premises used by government employees in connection with official duties;

(b) public infrastructure facilities, including facilities providing water, sewerage, energy, fuel, communication or other services to the public;

(c) public information systems, including systems used to generate, send, receive, store or otherwise process electronic communications;

(d) public transport facilities, including facilities used to transport people or goods;

(e) public places, including any premises, land or water open to the public.