National Security Legislation Amendment Act 2010 (127 of 2010)

Schedule 1   Treason and urging violence

Part 1   Amendments commencing on the day after Royal Assent

Criminal Code Act 1995

18   Subsection 80.2(1) of the Criminal Code

Repeal the subsection, substitute:

Urging the overthrow of the Constitution or Government by force or violence

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

(a) the first person intentionally urges another person to overthrow by force or violence:

(i) the Constitution; or

(ii) the Government of the Commonwealth, of a State or of a Territory; or

(iii) the lawful authority of the Government of the Commonwealth; and

(b) the first person does so intending that force or violence will occur.

Penalty: Imprisonment for 7 years.

Note: For intention, see section 5.2.

Note: The heading to section 80.2 of the Criminal Code is replaced by the heading " Urging violence against the Constitution etc. ".