195OThreaten physical harm or property damage on ground of protected attribute

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

(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.

(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.

S. 195P inserted by No. 11/2025 s. 4.