Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 54A

54A Demands with menaces upon agencies of government

(1) Any person who demands that anything be done or omitted to be done or be procured by—

(a) the Government of Queensland or a person in the employment of the Crown in right of Queensland, in performance of the duties of the person’s employment or otherwise in the person’s official capacity; or

(b) the Governor, in his or her role of Governor; or

(c) a Minister of the Crown, in his or her office as Minister or as a member of the Executive Council of Queensland; or

(d) a government corporation, in discharge of its functions conferred by law, or a person in the employment of a government corporation, in performance of the duties of the person’s employment or otherwise in the person’s official capacity;

with threats of detriment of any kind to be caused to any person aforesaid or any other person or to the public or any member or members of the public or to property, by the offender or by any other person, if the demand is not complied with is guilty of a crime and is liable to imprisonment for 14 years.

(2) A person is not criminally responsible for an act referred to in subsection (1) if the detriment is threatened to himself or herself only or to property of which the person is the sole owner.

(3) It is immaterial to the commission of an offence defined in this section that—

(a) the demand or threat is made by means of a medium ordinarily used for disseminating information to the public and not to a particular person; or

(b) the threat does not specify the detriment that is to be caused or the person or persons to whom or the property to which it is to be caused.

(4) If the carrying out of the threat would be likely to cause—

(a) loss of life or serious personal injury to any person; or

(b) substantial economic loss—

(i) to the Crown; or

(ii) to a government corporation; or

(iii) in any industrial or commercial activity whether conducted by a public authority or as a private enterprise;

the offender is liable to imprisonment for life and if, in addition, the offender or another person on the offender’s behalf has carried out the threat and thereby caused a consequence specified in this subsection or has by some overt act begun to prepare for the carrying out of the threat, the offender is liable to imprisonment for life, which can not be mitigated or varied under this Code or any other law or is liable to an indefinite sentence under part 10 of the Penalties and Sentences Act 1992 .

(5) A prosecution for an offence defined in this section shall not be commenced without the consent of the Attorney-General.

(6) For the purposes of this section—

"detriment" includes destruction of or damage to—

(a) flora or fauna protected by or under an Act; or

(b) any place, thing or living creature or plant that by reason of its cultural, educational, environmental, historical, recreational, religious or scientific significance is of substantial public interest or concern;

and, in the absence of proof that any such item destroyed or damaged was or is the property of a particular person, shall be deemed to be detriment to the Crown.

"government corporation" means any body corporate or corporation sole constituted by or under an Act that represents the Crown or that is declared under a regulation to be a government corporation for the purposes of this section.