Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 7 - THE PROPER ADMINISTRATION OF GOVERNMENT  

Part 7.5 - Unwarranted demands  

Division 138 - Preliminary  

SECTION 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.




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