Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No. 2) 2004

474.17 Using a carriage service to menace, harass or cause offence

             (1)  A person is guilty of 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 3 years.

             (2)     Without limiting subsection (1), that subsection applies to menacing, harassing or causing offence to:

                    (a)         an employee of the NRS provider; or

                    (b)         an emergency call person; or

                    (c)         an employee of an emergency service organisation; or

(d)    an APS employee in the Attorney‑General’s Department acting as a National Security Hotline call taker.

474.15 Using a carriage service to make a threat Threat to kill

             (1)  A person (the first person ) is guilty of 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 ) is guilty of 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.