A 43-year-old man who telephoned the Ballarat Police Station to tell them a bomb was about to go off has avoided an immediate jail sentence.
Matthew Tong made the bomb hoax after earlier phoning the police station on September 23, 2017, to inquire about illegal tobacco sales.
Tong became aggressive towards the police officer when they asked him his name and the telephone call ended.
Almost an hour later at 9.10pm, Tong telephoned the station, saying a bomb was going to go off inside the building.
A police officer searched the building, however a bomb was not found.
Police were aware the hoax came from Tong and they attended his home to speak to him.
After handcuffing Tong, he became aggressive and almost headbutted a police officer. At the police station, Tong spat at two police officers who managed to avoid being hit by the saliva.
After receiving a sentence indication at the Ballarat Magistrates Court on Thursday, Tong pleaded guilty to three charges over the incident.
Defence barrister Brett O'Sullivan said leading up to the hoax, his client had been drinking alcohol to celebrate the Richmond Tigers' win in the AFL grand final.
He said Tong felt police did not take him seriously during the telephone call he made about the illegal tobacco sales and wanted their attention.
"This was a lapse of judgement in that celebration," Mr O'Sullivan said.
"As far as bomb hoax goes, this was one that was quickly resolved. Police has some idea of where it came from. It's not a serious example of that offence."
Police prosecutor Senior Constable Simon Pearce agreed police were aware the hoax came from Tong.
"We knew it was the accused making the call and it was found to be a hoax very quickly," Senior Constable Pearce said.
Magistrate Franz Holzer told Tong although the bomb hoax did not cause significant disruption or risk to the community's safety, it was a serious incident.
The bomb hoax offence carries a maximum penalty of five years in prison.
He said police could not protect the community if they were held up by a bomb hoax.
Tong was convicted and placed on a 24-month community corrections order with 300 hours of unpaid community work.