Legal definition of blackmail australia

In Australia, blackmail is defined as a criminal offense under the Commonwealth Criminal Code Act 1995 (Cth) and the laws of each state and territory. The legal definition of blackmail varies slightly between jurisdictions, but generally, it involves the use of threats or intimidation to extort money, property, or other benefits from someone.

Here are the key elements of blackmail under Australian law:

Commonwealth Criminal Code Act 1995 (Cth)

Section 471.1 of the Criminal Code Act 1995 (Cth) defines blackmail as:

"(1) A person (the offender) commits an offence if:

(a) the offender makes a demand or request to another person (the victim); and

(b) the demand or request is made with the intention of causing the victim to:

(i) provide the offender with property or a benefit; or (ii) refrain from doing something; or (iii) do something; and

(c) the demand or request is made by the offender, or by someone acting on behalf of the offender, by:

(i) threatening to:

(A) commit an indictable offence against the victim or someone else; or (B) cause harm to the victim or someone else; or (C) disclose or cause to be disclosed a secret or confidential information about the victim or someone else; or (D) take or cause to be taken action that would result in the victim or someone else being:

(I) arrested or detained; or (II) prosecuted; or (III) subjected to a penalty or a fine; or (IV) subjected to a civil penalty; or (V) subjected to a disciplinary penalty; or

(ii) using or threatening to use force against the victim or someone else; or

(iii) using or threatening to use a weapon against the victim or someone else; or

(iv) making or causing to be made a false accusation against the victim or someone else; or

(v) making or causing to be made a false statement about the victim or someone else; or

(vi) using or threatening to use any other form of coercion or intimidation against the victim or someone else."

State and Territory Laws

The laws of each state and territory in Australia also criminalize blackmail. For example:

• In New South Wales, blackmail is defined under the Crimes Act 1900 (NSW) as making a demand or request with the intention of causing someone to provide property or a benefit, or to refrain from doing something, by threatening to commit an indictable offense, cause harm, or disclose a secret.
• In Victoria, blackmail is defined under the Crimes Act 1958 (Vic) as making a demand or request with the intention of causing someone to provide property or a benefit, or to refrain from doing something, by threatening to commit an indictable offense, cause harm, or disclose a secret.
• In Queensland, blackmail is defined under the Criminal Code Act 1899 (Qld) as making a demand or request with the intention of causing someone to provide property or a benefit, or to refrain from doing something, by threatening to commit an indictable offense, cause harm, or disclose a secret.

Penalties

The penalties for blackmail in Australia vary depending on the jurisdiction and the circumstances of the offense. Generally, blackmail is a serious offense that can attract significant penalties, including imprisonment and fines.

In the Commonwealth, the maximum penalty for blackmail is 10 years' imprisonment and a fine of $210,000.

In New South Wales, the maximum penalty for blackmail is 14 years' imprisonment and a fine of $1,100,000.

In Victoria, the maximum penalty for blackmail is 10 years' imprisonment and a fine of $180,000.

In Queensland, the maximum penalty for blackmail is 10 years' imprisonment and a fine of $130,000.

It is important to note that the laws and penalties for blackmail in Australia are subject to change, and it is always best to consult with a qualified legal professional for specific advice on a particular situation.