Criminal Code Act 1995 (Australia, unsourced)/Chapter 7/7.5

=Part 7.5—Unwarranted demands=

Division 138—Preliminary

138.1 Unwarranted demand with menaces


 * (1) For the purposes of this Part, a person (the first person) makes an unwarranted demand with menaces of another person if, and only if:


 * (a) the first person makes a demand with menaces of the other person; and


 * (b) the first person does not believe that he or she has reasonable grounds for making the demand; and


 * (c) the first person does not reasonably believe that the use of the menaces is a proper means of reinforcing the demand.


 * (2) This Part applies to a demand whether or not it is for property.


 * (3) This Part applies to a demand with menaces, whether or not the menaces relate to conduct to be engaged in by the person making the demand.

138.2 Menaces


 * (1) For the purposes of this Part, menaces includes:


 * (a) a threat (whether express or implied) of conduct that is detrimental or unpleasant to another person; or


 * (b) a general threat of detrimental or unpleasant conduct that is implied because of the status, office or position of the maker of the threat.

Threat against an individual


 * (2) For the purposes of this Part, a threat against an individual is taken not to be menaces unless:


 * (a) both:


 * (i) the threat would be likely to cause the individual to act unwillingly; and


 * (ii) the maker of the threat is aware of the vulnerability of the individual to the threat; or


 * (b) the threat would be likely to cause a person of normal stability and courage to act unwillingly.

Threat against a person who is not an individual


 * (3) For the purposes of this Part, a threat against a person who is not an individual is taken not to be menaces unless:


 * (a) the threat would ordinarily cause an unwilling response; or


 * (b) the threat would be likely to cause an unwilling response because of a particular vulnerability of which the maker of the threat is aware.

Division 139—Unwarranted demands

139.1 Unwarranted demands of a Commonwealth public official

A person is guilty of an offence if:


 * (a) the person makes an unwarranted demand with menaces of another person; and


 * (b) the demand or the menaces are directly or indirectly related to:


 * (i) the other person’s capacity as a Commonwealth public official; or


 * (ii) any influence the other person has in the other person’s capacity as a Commonwealth public official; and


 * (c) the first‑mentioned person does so with the intention of:


 * (i) obtaining a gain; or


 * (ii) causing a loss; or


 * (iii) influencing the official in the exercise of the official’s duties as a Commonwealth public official.

Penalty: Imprisonment for 12 years.

139.2 Unwarranted demands made by a Commonwealth public official

A Commonwealth public official is guilty of an offence if:


 * (a) the official makes an unwarranted demand with menaces of another person; and


 * (b) the demand or the menaces are directly or indirectly related to:


 * (i) the official’s capacity as a Commonwealth public official; or


 * (ii) any influence the official has in the official’s capacity as a Commonwealth public official; and


 * (c) the official does so with the intention of:


 * (i) obtaining a gain; or


 * (ii) causing a loss; or


 * (iii) influencing another Commonwealth public official in the exercise of the other official’s duties as a Commonwealth public official.

Penalty: Imprisonment for 12 years.

139.3 Geographical jurisdiction

Section 15.3 (extended geographical jurisdiction—category C) applies to each offence against this Division.