Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

195O Threaten physical harm or property damage on ground of protected attribute

(1)A person commits an offence if—

(a)the person threatens—

(i)physical harm towards another person or a group of persons; or

(ii)to damage property of, or otherwise related to, another person or a group of persons; and

(b)the person threatens the physical harm or the property damage on the ground of a protected attribute of the other person or the group; and

(c)the person either—

(i)intends that the other person or a person of the group will believe the threat will be carried out; or

(ii)believes that the other person or a person of the group will probably believe the threat will be carried out.

(2)A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).

(3)If a threat made from outside Victoria is alleged to constitute an offence against subsection (1), the following persons or property must have been in Victoria when the threat was made for the threat to constitute that offence—

(a)in the case of a threat to physically harm a person or a group of persons, that person or group; or

(b)in the case of a threat to damage property, that property.

(4)If a threat that is alleged to constitute an offence against subsection (1) is made from within Victoria, it does not matter whether the following persons or property were outside Victoria at that time—

(a)in the case of a threat to physically harm a person, that person; or

(b)in the case of a threat to physically harm a group of persons, any of those persons; or

(c)in the case of a threat to damage property, that property.