Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p166
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 166/169)
Character Range: 1601624–1604248

on conviction, by a penalty not exceeding the penalty applicable to the serious offence.
 (4) Absolute liability applies to paragraphs (1)(b) and (2)(b).
Note: For absolute liability, see section 6.2.
 (5) A person may be found guilty of an offence against subsection (1) or (2) even if committing the serious offence is impossible.
 (6) It is not an offence to attempt to commit an offence against subsection (1) or (2).

474.15  Using a carriage service to make a threat

Threat to kill
 (1) A person (the first person) commits an offence if:
 (a) the first person uses a carriage service to make to another person (the second person) a threat to kill the second person or a third person; and
 (b) the first person intends the second person to fear that the threat will be carried out.
Penalty: Imprisonment for 10 years.

Threat to cause serious harm
 (2) A person (the first person) commits an offence if:
 (a) the first person uses a carriage service to make to another person (the second person) a threat to cause serious harm to the second person or a third person; and
 (b) the first person intends the second person to fear that the threat will be carried out.
Penalty: Imprisonment for 7 years.

Actual fear not necessary
 (3) In a prosecution for an offence against this section, it is not necessary to prove that the person receiving the threat actually feared that the threat would be carried out.

Definitions
 (4) In this section:
fear includes apprehension.
threat to cause serious harm to a person includes a threat to substantially contribute to serious harm to the person.

474.16  Using a carriage service for a hoax threat
  A person commits an offence if:
 (a) the person uses a carriage service to send a communication; and
 (b) the person does so with the intention of inducing a false belief that an explosive, or a dangerous or harmful substance or thing, has been or will be left in any place.
Penalty: Imprisonment for 10 years.

474.17  Using a carriage service to menace, harass or cause offence
 (1) A person commits an offence if:
 (a) the person uses a carriage service; and
 (b) the person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.
Penalty: Imprisonment for 5 years.
 (2) Without limiting subsection (1), that subsection applies to menacing, harassing or causing offence to:
 (a) an employee of an NRS provider; or
 (b) an emergency call person; or
 (c) an employee of an emergency service organisation; or
 (d) an APS employee in the