Australian Laws

Below are the laws most relevant to illegal activity that groups or individuals may experience when targeted because of their spiritual or religious beliefs and/or practices. The laws are current as of February 10, 2013. They are presented by crime for Australia. Laws in Australia differ greatly according to the state, and these are presented by state and at the country level when applicable.

BLACKMAIL OR EXTORTION

Australia – ACT
Criminal Code 2002 – Section 340 – 342
Unwarranted demand, with a menace with intent to gain, cause a loss, etc..

Australia – NSW
Crimes Act of 1900 – Section 249K
Unwarranted demand, with a menace with intent to gain, cause a loss, etc..

Australia – NT
Criminal Code of the NT – Section 228
Make any demand with menaces with intent to obtain some benefit for himself or another or to cause some detriment or injury to another.

Australia – SA
Criminal Law Consolidation Act 1935 – Section 171-172
Threat of physical, mental or economic harm to get another to submit to demand

Australia – TAS
Criminal Code Act 1924 – Section 241

Unwarranted demand with menaces, with view to gain or intent to cause loss

Australia – QLD
Criminal Code 1899 – Section 415
Make a demand to gain from another or to cause detriment to another, followed by a threat to do detriment to the other

Australia – VIC
Crimes Act 1958 – Section 87
Unwarranted demand with menaces, with view to gain or intent to cause loss

Crimes Act 1958 – Section 27 – 28
Makes a demand of another person—with a threat to kill, endanger the life of, or inflict injury on a person; or with threats to damage property

Australia – WA
Criminal Code Act Compilation Act 1913 (WA)(CI) – Section 398
With intent to extort or gain anything from any person: accuses or threatens to accuse any person of committing or being involved in an indictable offence; or causes any person to receive any writing containing any such accusation or threat [divider]

DEFAMATION

Australia – ACT
Australian Capital Territory Numbered Acts – Defamation Act of 2001
Maliciously publish a defamatory libel (regardless of whether the person knows it is false)

Australia – NSW
Crimes Act of 1900 Section 529
Publish matter defamatory of another living person knowing the matter to be false and with intent to cause harm to the victim or being reckless

Australia – NT
Northern Territory Consolidated Acts – Defamation Act 2006
Unlawfully publishes any defamatory matter with bad intent (e.g., to cause loss; etc..)

Australia – SA
Criminal Law Consolidation Act 1935 – Section 257
Intentionally (or with disregard for truth) publish false information about another to serious harm or with reckless disinterest to possible harm.

Australia – TAS
Criminal Code Act 1924 – Section 196
Publishes matter defamatory of another knowing it to be false or without regard to the truth, to seriously harm or without regard to possible harm

Australia – QLD
Criminal Code 1899 – Section 365
Intentionally (or with disregard for the truth) publish false information about another to harm someone or with disregard to the harm it would cause

Australia – VIC
Victoria Consolidated Acts – Defamation Act of 2005 (tort)
Publish defamatory matter

Australia – WA
Criminal Code Act Compilation Act 1913 – 345
Publish matter defamatory of another person knowing it to be false and with intent to cause harm or without regard to whether it would harm the victim [divider]

HARM

Australia – NT
Criminal Code Act (Northern Territory) – Section 186
Harm another physically or significant psychological harm

Australia – SA
Criminal Law Consolidation Act 1935 – Section 24
Intentionally or recklessly cause physical, mental or psychological harm to another
[divider]

PROPERTY DAMAGE

Australia – ACT
Crimes Act 1900 – Section 116 Crimes Act 1900 – Section 119 – 120
Make a mark with chalk, paint or other material on private premises, without consent of owner; or damage or destroy the property of another

Australia – NSW
Crimes Act 1900 – Section 197
Damage or destroy the property of another

Australia – NT
Northern Territory – Criminal Code Act – Section 241
Damage or destroy the property of another

Australia – QLD
Criminal Code 1899 – Section 458
Injure the property of another, without consent

Australia – SA
Criminal Law Consolidation Act 1935 – Section 84
Intentionally damage another person’s property, or damage with reckless indifference to whether damage would be caused

Australia – VIC
Crimes Act 1958 – Section 197
Damage or destroy the property of another

Australia – WA
Criminal Code Act Compilation Act 1913 – Section 441
Injure the property of another
[divider]

RELIGIOUS HATRED

Australia – ACT
Criminal Code Act 1995 – Division 80 – 80.2
Intentionally urge violence towards a particular religious group

Australia – QLD
Queensland Anti-Discrimination Act 1991
Incite people to hated a group or person based on religious activity.

Australia – SA
Criminal Code 1899 – Section 207
Intentionally disturb a meeting of religious worship or assault a person officiating such a meeting

Australia – TAS
Criminal Code Act 1924 – Section 119 (Blasphemy)
By words spoken or intended to be read, wilfully publishes a blasphemous libel

Criminal Code Act 1924 – Section 121 (Disturbing Religious Meetings)
Wilfully and without lawful justification or excuse disquiets or disturbs any meeting lawfully assembled for religious worship, or in any way disturbs, molests, or misuses any preacher, teacher, or person lawfully officiating at such meeting

Anti-Discrimination Act 1998 – Section 19
Incite hatred, serious ridicule, or serious contempt towards a religious group or on the basis of religious activity (towards an individual or group)

Australia – VIC
Racial and Religious Tolerance Act 2001 – Section 25
Engage in conduct that incites any of the following on the basis of religious belief or activity: hatred against, serious contempt for, and/or revulsion or severe ridicule of; intentionally engage in conduct that is likely to threaten, or incite others to threaten, physical harm towards a person or property

[divider]

STALKING AND/OR HARASSMENT

Australia – ACT
Crimes Act 1900 – Section 35
Stalk someone to cause apprehension, fear of harm, harm, in the person or someone else; Breaches an injunction against stalking behaviour

Australia – NSW
Crimes (Domestic and Personal Violence) Act 2007

Australia – NT
Criminal Code Act – Schedule 1 – Section 189
Engages in conduct that includes repeated instances of or a combination of a set of behaviors, such as following the victim or any other person, etc…

Australia – SA
Criminal Law Consolidation Act 1935 – Section 19AA
Engage in stalking on 2 or more occasions. Examples include: gives or sends offensive material to the other person follows the other person

Australia – TAS
Criminal Code Act 1924 – Section 192
With intent to cause another person physical or mental harm or to be apprehensive or fearful, pursues a course of conduct made up of one or more actions, such as following the other person or a third person or keeping the other person or a third person under surveillance

Australia – QLD
Criminal Code 1899 – Section 359B
Engage in behaviours that intimidate, harass, or threaten to harm another in a way that would make them feel fear or threatened; Contacting a person in any way, including, by telephone, mail, fax, email or through the use of any technology in a way that makes the other person feel fear

Australia – VIC
Crimes Act 1958 – Section 21A
Pursues another person with intent to intimidate that person or a third person

Australia – WA
Criminal Code Act Compilation Act 1913 (WA) – Schedule B – Section 338E
Pursue another person with the intent to intimidate the other
[divider]

THREATS

Australia
Criminal Code Act 1995 (138.1)
Make a demand of another person with a threat

Australia – ACT
Crimes Act 1900 – Section 32
Make a demand of another person with a threat to endanger the health, safety, psychological well-being of the person.

Australia – NSW
Crimes Act 1900 – 545b (intimidation or annoyance)
Uses violence or intimidation, follows them, hides their belongings, with a view to compel any other person to abstain from doing or to do any act, or in relation to an act the person did or abstained from doing, which they had a legal right to do

Crimes Act 1900 – Section 31 (sending a threatening message)
Threaten to inflict grievous bodily harm on another (intentionally or recklessly invoking fear in the person)

Australia – NT
Criminal Code of the Northern Territory- Section 200
Threaten injury, or cause any detriment, with intent to prevent or hinder that other person from doing any act that he is lawfully entitled to do, or with intent to compel him to do any act that he is lawfully entitled to abstain from doing

Australia – SA
Criminal Law Consolidation Act 1935 – SECTION 19
Threatens, without lawful excuse, to kill or endanger the life of another; and intends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused

Australia – QLD
Criminal Code 1899 – Section 359
Threaten to cause detriment to another with intent to prevent or hinder any person to do an act they are lawfully entitled to do

Australia – WA
Criminal Code Act Compilation Act 1913 (WA) – Section 338
Makes a threat to kill, injure, endanger or harm any person; or destroy, damage, endanger or harm any property; or take or exercise control of a building, structure or conveyance by force or violence; or cause a detriment of any kind to any person, whether a particular person or not. [divider]

THREATS TO KILL

Australia – ACT
Crimes Act 1990 – Section 30
Makes a threat to another person to kill that other person or any third person— (i) intending that other person to fear that the threat would be carried out; or (ii) being reckless whether hat other person would fear the threat would be

Australia – NSW
Crimes Act 1900 – Section 31
Publish document with threats to kill

Australia – NT
Criminal Code Act (Northern Territory) – Section 166
With intent to cause fear, makes, or causes any person to receive, a threat to kill any person which threat is of such a nature as to cause fear to any person of reasonable firmness and courage

Australia – SA
Criminal Law Consolidation Act 1935 – SECTION 19
Threatens, without lawful excuse, to kill or endanger the life of another; and (b) intends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused

Australia – TAS
Criminal Code Act 1924 – Section 162 (written threat to murder)
Knowing the contents thereof, wilfully, and with intent thereby to intimidate or influence any person, causes such person to receive any writing threatening to kill him or any other person

Australia – QLD
Criminal Code – Section 308
Directly or indirectly causes a person to receive a document threatening to kill a person

Australia – VIC
Crimes Act 1958 – Section 20
Makes to another person a threat to kill that other person or any other person- intending that that other person would fear the threat would be carried out; or being reckless as to whether that person would fear the threat being carried out

Australia – WA
Criminal Code Compilation Act 1913 (WA) – Section 338
A threat to kill, injure, endanger or harm any person, whether a particular person or not

[divider]