Schedule
-
The Criminal Code
Section
3
CHAPTER 5
-
THE SECURITY OF THE COMMONWEALTH
Part 5.1
-
Treason and related offences
History
Pt 5.1 heading substituted by No 67 of 2018, s 3 and Sch 1 item 1, effective 30 June 2018. The heading formerly read:
Part 5.1
-
Treason, urging violence and advocating terrorism or genocide
Pt 5.1 heading substituted by No 82 of 2016, s 3 and Sch 11 item 1, effective 30 November 2016. The heading formerly read:
Part 5.1
-
Treason, urging violence and advocating terrorism
Pt 5.1 heading substituted by No 116 of 2014, s 3 and Sch 1 item 57, effective 1 December 2014. The heading formerly read:
Part 5.1
-
Treason and urging violence
Pt 5.1 heading substituted by No 127 of 2010, s 3 and Sch 1 item 4, effective 25 November 2010. The heading formerly read:
Part 5.1
-
Treason and sedition
Pt 5.1 heading substituted by No 144 of 2005, s 3 and Sch 7 item 5, effective 11 January 2006. The heading formerly read:
Part 5.1
-
Treason
Division 80
-
Treason, urging or threatening violence, offences against groups or members of groups, advocating terrorism or genocide, and prohibited symbols and Nazi salute
History
Div 80 heading substituted by No 1 of 2025, s 3 and Sch 1 item 1, effective 8 February 2025. The heading formerly read:
Division 80
-
Treason, urging violence, advocating terrorism or genocide, and prohibited symbols and Nazi salute
Div 80 heading amended by No 113 of 2023, s 3 and Sch 1 item 4, by substituting
"
, advocating terrorism or genocide, and prohibited symbols and Nazi salute
"
for
"
and advocating terrorism or genocide
"
, effective 8 January 2024.
Div 80 heading substituted by No 82 of 2016, s 3 and Sch 11 item 2, effective 30 November 2016. The heading formerly read:
Division 80
-
Treason, urging violence and advocating terrorism
Div 80 heading substituted by No 116 of 2014, s 3 and Sch 1 item 58, effective 1 December 2014. The heading formerly read:
Division 80
-
Treason and urging violence
Div 80 heading substituted by No 127 of 2010, s 3 and Sch 1 item 5, effective 25 November 2010. The heading formerly read:
Division 80
-
Treason and sedition
Div 80 heading substituted by No 144 of 2005, s 3 and Sch 7 item 6, effective 11 January 2006. The heading formerly read:
Division 80
-
Treason
Subdivision C
-
Urging or threatening violence, offences against groups or members of groups and advocating terrorism or genocide
History
Subdiv C heading amended by No 1 of 2025, s 3 and Sch 1 item 2A, by substituting
"
Urging or threatening violence, offences against groups or members of groups
"
for
"
Urging violence
"
, effective 8 February 2025.
Subdiv C heading substituted by No 82 of 2016, s 3 and Sch 11 item 3, effective 30 November 2016. The heading formerly read:
Subdivision C
-
Urging violence and advocating terrorism
Subdiv C heading substituted by No 116 of 2014, s 3 and Sch 1 item 60, effective 1 December 2014. The heading formerly read:
Subdiv C
-
Urging violence
Subdiv C heading inserted by No 127 of 2010, s 3 and Sch 1 item 17, effective 25 November 2010.
SECTION 80.2B
Advocating force or violence against members of groups or close associates
Offences
(1)
A person (the
first person
) commits an offence if:
(a)
the first person advocates the use of force or violence against a person (the
targeted person
); and
(b)
the first person does so reckless as to whether force or violence will occur; and
(c)
the first person does so because of the first person
'
s belief that the targeted person is:
(i)
a member of a group (the
targeted group
); or
(ii)
a close associate of a member of a group (the
targeted group
); and
(d)
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
(e)
the use of the force or violence would threaten the peace, order and good government of the Commonwealth.
Note 1:
For intention, see section
5.2
. For recklessness, see section
5.4
.
Note 2:
A person might commit an aggravated offence if the person is a religious official or other spiritual leader etc. (see section
80.2DA
) or the recipient of the advocacy is less than 18 years old (see section
80.2DB
).
Penalty: Imprisonment for 10 years.
History
S 80.2B(1) amended by No 2 of 2026, s 3 and Sch 1 item 21, by substituting the penalty and note, effective 22 January 2026. The penalty and note formerly read:
Penalty: Imprisonment for 7 years.
Note:
For intention, see section 5.2. For recklessness, see section 5.4.
S 80.2B(1) amended by No 1 of 2025, s 3 and Sch 1 items 10C
-
13, by substituting para (a),
"
reckless as to whether
"
for
"
intending that
"
in para (b), para (c), inserting
"
sex, sexual orientation, gender identity, intersex status, disability,
"
in para (d) and
"
For recklessness, see section 5.4.
"
in the note, effective 8 February 2025. Para (a) and (c) formerly read:
(a)
the first person intentionally urges another person, or a group, to use force or violence against a person (the
targeted person
); and
(c)
the first person does so because of his or her belief that the targeted person is a member of a group (the
targeted group
); and
(2)
A person (the
first person
) commits an offence if:
(a)
the first person advocates the use of force or violence against a person (the
targeted person
); and
(b)
the first person does so reckless as to whether force or violence will occur; and
(c)
the first person does so because of the first person
'
s belief that the targeted person is:
(i)
a member of a group (the
targeted group
); or
(ii)
a close associate of a member of a group (the
targeted group
); and
(d)
the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion.
Note 1:
For intention, see section
5.2
. For recklessness, see section
5.4
.
Note 2:
A person might commit an aggravated offence if the person is a religious official or other spiritual leader etc. (see section
80.2DA
) or the recipient of the advocacy is less than 18 years old (see section
80.2DB
).
Penalty: Imprisonment for 7 years.
History
S 80.2B(2) amended by No 2 of 2026, s 3 and Sch 1 item 22, by substituting the penalty and note, effective 22 January 2026. The penalty and note formerly read:
Penalty: Imprisonment for 5 years.
Note:
For intention, see section 5.2. For recklessness, see section 5.4.
S 80.2B(2) amended by No 1 of 2025, s 3 and Sch 1 items 13A
-
16, by substituting para (a),
"
reckless as to whether
"
for
"
intending that
"
in para (b), para (c), inserting
"
sex, sexual orientation, gender identity, intersex status, disability,
"
in para (d) and
"
For recklessness, see section 5.4.
"
in the note, effective 8 February 2025. Para (a) and (c) formerly read:
(a)
the first person intentionally urges another person, or a group, to use force or violence against a person (the
targeted person
); and
(c)
the first person does so because of his or her belief that the targeted person is a member of a group (the
targeted group
); and
(3)
For the purposes of paragraphs
(1)(c)
and
(2)(c)
, it is immaterial whether the targeted person:
(a)
actually is a member of the targeted group; or
(b)
actually is a close associate of a member of the targeted group.
History
S 80.2B(3) substituted by No 1 of 2025, s 3 and Sch 1 item 16A, effective 8 February 2025. S 80.2B(3) formerly read:
(3)
For the purposes of paragraphs (1)(c) and (2)(c), it is immaterial whether the targeted person actually is a member of the targeted group.
(4)
The fault element for paragraphs
(1)(d)
and
(2)(d)
is recklessness.
Note:
For recklessness, see section
5.4
.
(4A)
For the purposes of paragraphs
(1)(d)
and
(2)(d)
, the person may have in mind a combination of attributes mentioned in those paragraphs.
History
S 80.2B(4A) inserted by No 1 of 2025, s 3 and Sch 1 item 17, effective 8 February 2025.
Alternative verdict
(5)
Subsection (6) 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)
.
(6)
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.
History
S 80.2B(6) amended by No 1 of 2025, s 3 and Sch 1 item 18, by repealing the note, effective 8 February 2025. The note formerly read:
Note:
There is a defence in section 80.3 for acts done in good faith.
Definitions
(7)
In this section:
advocate
means counsel, promote, encourage or urge.
History
S 80.2B(7) inserted by No 1 of 2025, s 3 and Sch 1 item 18A, effective 8 February 2025.
History
S 80.2B inserted by No 127 of 2010, s 3 and Sch 1 item 35, effective 22 December 2010.
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