Blackmail Laws and Penalties In Australia

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.

Importantly, the threat made does not actually have to be carried out (or intended to be carried out) in order to constitute the offence of blackmail.

A demand will be ‘unwarranted’ unless there are reasonable grounds to make the demand and the person making it reasonably believe that the use of menace is the proper means of reinforcing the demand.

Blackmail Laws and Penalties In NSW

The offence of blackmail in NSW is outlined under section 249K of the Crimes Act 1900 (NSW), applying when a person makes an unwarranted demand with menaces with the intention of obtaining a gain or causing a loss or influencing the exercise of a public duty.

The maximum penalty for this offence is 10 years imprisonment, but will be aggravated attaching up to 14 years imprisonment if the blackmail involves accusing someone of a serious indictable offence.

An ‘exercise of a public duty’ includes any power, authority, duty or function conferred to someone holding public office including a police officer, politician, judge or other public servant.

Blackmail Laws and Penalties in Victoria

The offence of blackmail in Victoria is outlined under section 87 of the Crimes Act 1958 (VIC), which applies when a person, with a view to gain for themselves or another, or with intent to cause loss to another, makes an unwarranted demand with menaces.  The maximum penalty for this offence is 15 years imprisonment.

Blackmail Laws and Penalties in Queensland

The offence of extortion in Queensland is outlined under section 415 of the Criminal Code 1899 (QLD), which applies when a person, without reasonable cause, makes a demand with intent to gain a benefit for any person or to cause a detriment to another, accompanied by a threat to cause a detriment to someone other than the person making the demand.

The maximum penalty for this offence is:

• Life imprisonment if the threat causes or is likely to cause serious personal injury to someone other than the offender.
• Life imprisonment if the threat causes or is likely to cause substantial economic loss in an industrial or commercial activity conducted by another person or entity.
• Otherwise, the maximum penalty is 14 years imprisonment.

Blackmail Laws and Penalties in Western Australia

The offence of demanding property with threats in Western Australia is outlined under section 397 of the Criminal Code 1913 (WA), which applies when a person, with intent to extort or gain something from another, makes a demand either in writing or orally, without reasonable cause, accompanied by threats of injury or detriment if the demand is not met.

The maximum penalty for this offence is 14 years imprisonment, increasing to 20 years imprisonment if the threat is to kill or cause grievous bodily harm.

Blackmail Laws and Penalties in South Australia

The offence of blackmail in South Australia is outlined under section 172 of the Criminal Law Consolidation Act 1935(SA), which applies when a person menaces another with the intention of causing them to submit to a demand.

The maximum penalty for this offence is 15 years imprisonment for a basic offence and  20 years imprisonment for an aggravated offence.

Blackmail Laws and Penalties in Tasmania

The offence of blackmail in Tasmania is outlined under section 241 of the Criminal Code Act 1924 (Tas), which applies when a person, with a view to temporary or permanent gain for themselves or another, or with intent to cause temporary or permanent loss to another, makes an unwarranted demand with menaces.

The maximum penalty for this offence is 21 years imprisonment.

Blackmail Laws and Penalties in the Australian Capital Territory (ACT)

The offence of demands accompanied by threats in the Australian Capital Territory (ACT) is outlined under section 32 of the Crimes Act 1900 (ACT). This offence applies when a person makes a demand, resists or hinders lawful apprehension, or prevents a police officer from investigating, accompanied by a threat to either kill or inflict grievous bodily harm on another person (excluding the offender or their accomplice).

The maximum penalty for this offence is:

• 25 years imprisonment for an aggravated offence.
• 20 years imprisonment for a non-aggravated offence.

If the threat involves endangering the health, safety, or physical wellbeing of a person (excluding the offender or their accomplice), the penalties are:

• 13 years imprisonment for an aggravated offence.
• 10 years imprisonment for a non-aggravated offence.

Blackmail Laws and Penalties in the Northern Territory (NT)

The offence of blackmail and extortion in the Northern Territory is outlined under section 228AO of the Criminal Code 1983 (NT), which applies when a person makes a demand with menace, intending to obtain a gain, cause a loss, or influence someone in the exercise of their public duty. The demand is considered unlawful if there are no reasonable grounds for it and if the use of menace is not a proper means of enforcing the demand.

The maximum penalty for this offence is 14 years imprisonment.

How Can I Defend Against Blackmail Charges?

There are a number of potential defences to blackmail offences in every State and Territory in Australia, including the following that might apply to you:

Claim of Right

This defence argues that you believed you had a legal right to make the demand, that it was therefore warranted because you had a legitimate claim to what you were demanding.

For example, if you thought the money you demanded was owed to you, and this belief was honest and reasonable, you could use this defence.

It’s about proving that your demand wasn’t “unwarranted” because you believed it was lawful.

Duress or Necessity

Proving that the actions were taken under coercion or to prevent a greater harm.

For instance, if you were forced to make the demand because of a threat to your safety or someone else’s, you might argue duress.

Similarly, if your actions were necessary to prevent greater harm, such as in an emergency, you could use the defence of necessity. Both defences require showing that you had no real choice but to act as you did.

Lack of Intent

Demonstrating that there was no intention to gain or cause loss through the demand.

To be guilty of blackmail, there must be an intent to gain a benefit or cause a loss through the demand, and you must prove that you had no such intention.

For example, if a demand was made as a joke or wasn’t meant seriously as a defence. The focus here is on proving that your actions were not meant to cause harm or benefit improperly.

These defences depend on the specific details of your case. Our lawyers at CDLA can help determine the best approach to take, whether it’s proving your demand was lawful, that you acted under pressure, or that you lacked intent.

Other possible defences that may apply is the defence that a demand was not accompanied by threats or menaces, or any of the other essential elements of the offence.

It is important to speak to an experienced criminal lawyer regarding your options for defence before you plead to any charge related to a blackmail offence.

Types pf Blackmail Charges

Blackmail may present itself in a variety of forms, and it’s important to recognise how it might appear in Australia.

Threats of exposure, coercion, or manipulation are all examples of blackmail, a serious criminal violation that can be directed towards specific people or organisations.

Here are some common forms of blackmail that occur in Australia:

Extortion

Extortion involves using threats or force to obtain property, money or other benefits from a person. Under Australian law, extortion is considered a form of blackmail.

For example, threatening physical harm to someone or their family unless they pay money would constitute extortion. The maximum penalty for extortion in NSW is 14 years imprisonment if it involves accusing someone of a serious indictable offence.

Emotional Blackmail

Emotional blackmail uses psychological manipulation and threats to control someone.

While not always illegal, it can constitute domestic abuse in some cases.

Examples include:

• Threatening to withdraw love/affection unless demands are met.
• Threatening self-harm if the victim leaves a relationship.
• Using guilt or shame to manipulate someone’s actions.

Financial Blackmail

This involves threatening to reveal damaging information unless the victim provides money or property.

For instance, threatening to expose someone’s affair unless they pay hush money. Financial blackmail often targets wealthy or high-profile individuals.

Political Blackmail

Political blackmail is the use of threats to influence politicians or public officials. This could include threatening to release sensitive information about a politician until they vote in a specific way on legislation.

Cyber Blackmail

Also known as online extortion, cyber blackmail uses digital means to threaten and extort victims. Common forms include:

• Threatening to release private photos/videos (“sextortion”).
• Encrypting data and demanding ransom (“ransomware”).
• Threatening to attack websites unless paid.

In all cases, blackmail is illegal in Australia and can result in severe penalties including imprisonment.

Other Examples of blackmail include: 

Threats Against Individuals: A common example is threatening to reveal personal secrets or embarrassing information unless the victim pays a ransom.

Threats Against Government Bodies: An individual might threaten to disrupt public services or disclose sensitive government information unless specific demands are met.

Threats Against Corporate Entities: A person might threaten to leak confidential business information or sabotage a company’s operations unless they receive a financial payoff.

Steps to Take if Charged with Blackmail

If you’re charged with blackmail, it’s essential to act quickly and strategically to protect your rights.

Here are the key steps to take, with further detail on what each involves:

1. Seek Advice From a Criminal Lawyer

The first and most crucial step is to contact your lawyer. If you don’t yet have a lawyer, our criminal lawyers at CDLA are experienced in handling blackmail cases. Understanding your rights and the potential consequences of the charge is critical.

Your lawyer can provide you with tailored advice based on the specifics of your situation, helping you to navigate the complexities of the legal system.

Early legal intervention can often make a significant difference, whether it’s negotiating with prosecutors, preparing your defence, or exploring options for resolving the matter without going to trial.

2. Gather Evidence

Collecting evidence is vital to building a strong defence.

This could include any communications that may refute the allegations for instance:

• Emails
• Text messages
• Social media interactions

That shows the context of the demand.

Witness statements can also be critical, especially if they can confirm your version of events or provide context that weakens the prosecution’s case.

For instance, if you can demonstrate that the demand was part of a legitimate negotiation or that the alleged victim misinterpreted your intentions, this evidence could be pivotal. Our team will assist you in identifying and gathering all relevant evidence to support your defence.

3. Understand the Criminal Law Legal Process

Familiarising yourself with the legal process in your state or territory is another important step. Each state in Australia has its own criminal procedures, and understanding these can help you feel more prepared and less anxious about what lies ahead.

For example, in New South Wales, the process may involve a committal hearing in the Local Court, followed by a trial in the District Court if the matter proceeds. Knowing what to expect at each stage, whether it’s entering a plea, attending a bail hearing, or preparing for trial, can help you and your legal team develop a more effective strategy.

Our lawyers at CDLA will explain the steps involved, what each court appearance means, and how best to approach your case at every stage.

If you’re facing blackmail charges and need expert legal assistance, contact Criminal Defence Lawyers Australia for a free consultation.

By Jarryd Bartle and Jimmy Singh.

Book a Lawyer Online

Make a booking to arrange a free consult today.

Preferred date

Today Fri 13 Dec Sat 14 Dec

Court date set?

Yes No

or

(02) 8606 2218

Call For Free Consultation

Call Now to Speak To a Criminal Defence Lawyer

Over 40 Years Combined Experience

Proven SuccessAustralia-Wide

Experienced LawyerGuarantee

(02) 8606 2218

Print