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 80.2DA   Aggravated offence for religious officials or other spiritual leaders etc.  

(1)    
A person commits an offence if:

(a)    the person commits an offence against subsection 80.2A(1) , 80.2B(1) , 80.2BA(1) , 80.2BB(1) , 80.2BC(1) , 80.2BD(1) or 80.2BE(1) (the underlying offence ); and

(b)    the conduct is engaged in by the person in the person ' s capacity as:

(i) a religious official; or

(ii) a spiritual leader; or

(iii) another leader (however described) of a group, who provides religious instruction or pastoral care (whether religious or secular).

Penalty: Imprisonment for 12 years.

(2)    
A person commits an offence if:

(a)    the person commits an offence against subsection 80.2A(2) , 80.2B(2) , 80.2BA(2) , 80.2BB(2) , 80.2BC(2) , 80.2BD(2) or 80.2BE(2) (the underlying offence ); and

(b)    the conduct is engaged in by the person in the person ' s capacity as:

(i) a religious official; or

(ii) a spiritual leader; or

(iii) another leader (however described) of a group, who provides religious instruction or pastoral care (whether religious or secular).

Penalty: Imprisonment for 10 years.

(3)    
There is no fault element for the physical element of conduct described in paragraph (1)(a) or (2)(a) other than the fault elements (however described), if any, for the underlying offence.

(4)    
To avoid doubt:

(a)    a person does not commit an underlying offence for the purposes of paragraph (1)(a) or (2)(a) if the person has a defence to the underlying offence; and

(b)    a person may be convicted of an offence against subsection (1) or (2) even if the person has not been convicted of the underlying offence.

Double jeopardy for an aggravated offence

(5)    
To avoid doubt, if a person has been acquitted or convicted of an underlying offence, the person cannot be convicted of the corresponding aggravated offence for the same conduct.

Definitions

(6)    
In this section:

religious official
includes a person who performs religious functions (including a person who leads worship or provides religious instruction), whether or not the person has been appointed (formally or informally) to an official role in a religious institution.

spiritual leader
includes a person who performs religious functions (including a person who leads worship or provides religious instruction), whether or not the person has been appointed (formally or informally) as a spiritual leader.