Criminal Code Act 1899

A person (the demander) who, without reasonable cause, makes a demand—

with intent to—

gain a benefit for any person (whether or not the demander); or

cause a detriment to any person other than the demander; and

with a threat to cause a detriment to any person other than the demander;

commits a crime.Maximum penalty—

if carrying out the threat causes, or would be likely to cause, serious personal injury to a person other than the offender—life imprisonment; or

if carrying out the threat causes, or would be likely to cause, substantial economic loss in an industrial or commercial activity conducted by a person or entity other than the offender (whether the activity is conducted by a public authority or as a private enterprise)—life imprisonment; or

otherwise—14 years imprisonment.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

It is immaterial that—

the demand or threat is made in a way ordinarily used to inform the public rather than a particular person; or

the threat does not specify the detriment to be caused; or

the threat does not specify the person to whom the detriment is to be caused or specifies this in a general way; orExample—a threat to cause a detriment to the public or any members of the public

the detriment is to be caused by someone other than the demander.

A reference to making a demand includes causing someone to receive a demand.

A reference to a threat to cause a detriment to any person other than the demander includes a statement that gives rise to a threat of detriment to the other person.

A prosecution for an offence in which it is intended to rely on a circumstance of aggravation mentioned in paragraph (a) or (b) of the penalty can not be commenced without the consent of the Attorney-General.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

In this section—threat includes a statement that may reasonably be interpreted as a threat. sch 1 pt 6 div 1 ch 38 s 415 sub 1961 10 Eliz 2 No. 11 s 15