Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p181
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 181/268)
Character Range: 823704–826519

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 commits 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 commits 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.

Part 7.6—Bribery and related offences

Division 140—Preliminary

140.1  Definition
  In this Part:
benefit includes any advantage and is not limited to property.

140.2  Obtaining
 (1) For the purposes of this Part, a person is taken to have obtained a benefit for another person if the first‑mentioned person induces a third person to do something that results in the other person obtaining the benefit.