Criminal Code Act 1995
Section 3CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY Part 2.4 - Extensions of criminal responsibility Division 11 SECTION 11.4 Incitement (1)
A person who urges the commission of an offence commits the offence of incitement.
For the person to be guilty, the person must intend that the offence incited be committed. (2A)
Subsection (2) has effect subject to subsection (4A) . (3)
A person may be found guilty even if committing the offence incited is impossible. (4)
Any defences, procedures, limitations or qualifying provisions that apply to an offence apply also to the offence of incitement in respect of that offence. (4A)
Any special liability provisions that apply to an offence apply also to the offence of incitement in respect of that offence. (5)
It is not an offence to incite the commission of an offence against section 11.1 (attempt), this section or section 11.5 (conspiracy).
Under section 4D of the Crimes Act 1914 , these penalties are only maximum penalties. Subsection 4B(2) of that Act allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount not greater than 5 times the maximum fine that the court could impose on an individual convicted of the same offence. Penalty units are defined in section 4AA of that Act.