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 80.2DB   Aggravated offence - advocating violence or property damage etc. to a child  

(1)    
A person (the offender ) commits an offence if:

(a)    the offender commits an offence against subsection 80.2A(1) , 80.2B(1) , 80.2BC(1) or 80.2BE(1) (the underlying offence ) by advocating for one or more other persons to use force or violence, or cause damage or destruction; and

(b)    at the time of the conduct, the offender is at least 18 years old; and

(c)    the offender is reckless as to whether, at the time of the conduct, at least one of the other persons is less than 18 years old (whether or not one of those other persons actually is less than 18 years old).

Penalty: Imprisonment for 12 years.

(2)    
A person (the offender ) commits an offence if:

(a)    the offender commits an offence against subsection 80.2A(2) , 80.2B(2) , 80.2BC(2) or 80.2BE(2) (the underlying offence ) by advocating for one or more other persons to use force or violence, or cause damage or destruction; and

(b)    at the time of the conduct, the offender is at least 18 years old; and

(c)    the offender is reckless as to whether, at the time of the conduct, at least one of the other persons is less than 18 years old (whether or not one of those other persons actually is less than 18 years old).

Penalty: Imprisonment for 10 years.

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

(4)    
Absolute liability applies to paragraphs (1)(b) and (2)(b) .

(5)    
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 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 aggravated offences

(6)    
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.