Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.1 - Treason and related offences  

Division 80 - Treason, urging or threatening violence, offences against groups or members of groups, advocating terrorism or genocide, and prohibited symbols and Nazi salute  

Subdivision C - Urging or threatening violence, offences against groups or members of groups and advocating terrorism or genocide  

SECTION 80.2BA   Threatening force or violence against groups  

Offences

(1)    
A person commits an offence if:

(a)    the person threatens to use force or violence against a group (the targeted group ); and

(b)    the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and

(c)    a reasonable member of the targeted group would fear that the threat will be carried out; and

(d)    the threat, if carried out, would threaten the peace, order and good government of the Commonwealth.

Note:

For intention, see section 5.2 .

Penalty: Imprisonment for 7 years.

(2)    
A person commits an offence if:

(a)    the person threatens to use force or violence against a group (the targeted group ); and

(b)    the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and

(c)    a reasonable member of the targeted group would fear that the threat will be carried out.

Note:

For intention, see section 5.2 .

Penalty: Imprisonment for 5 years.

(3)    
The fault element for paragraphs (1)(b) and (2)(b) is recklessness.

Note:

For recklessness, see section 5.4 .

(4)    
Strict liability applies to paragraphs (1)(c) and (2)(c) .

(5)    
For the purposes of paragraphs (1)(b) and (2)(b) , the person may have in mind a combination of attributes mentioned in those paragraphs.

Alternative verdict

(6)    
Subsection (7) applies if, in a prosecution for an offence (the prosecuted offence ) against subsection (1) , the trier of fact:

(a)    is not satisfied that the defendant is guilty of the offence; but

(b)    is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence ) against subsection (2) .

(7)    
The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Definitions

(8)    
In this section:

fear
includes apprehension.