Demanding money or other financial benefits from others could
constitute the serious criminal offence of 'blackmail' in
all States and Territories in Australia.
Below outlines what constitutes the act of blackmail, relevant
offences in each State and Territory as well as possible defences
that could apply.
What is Blackmail?
Although wording differs by jurisdiction, the offence of
'blackmail' or 'extortion' generally involves
making some unwarranted demand of another accompanied by a threat
(or 'menaces') in order to gain financially.
The 'menaces' required to constitute blackmail is
broadly defined in each State and Territory as including any threat
detrimental or unpleasant to another person. Generally, blackmail
involves some threat to harm a person's body, reputation or
property. This could include the person being threatened as well as
other people such as friends or family members.
