Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3B - Prohibited hate groups  

Division 114B - Offences  

SECTION 114B.2   Membership of a prohibited hate group  

(1)    
A person commits an offence if:

(a)    the person intentionally is a member of an organisation; and

(b)    the organisation is a prohibited hate group; and

(c)    the person knows the organisation is a prohibited hate group.

Penalty: Imprisonment for 7 years.

(2)    
Subsection (1) does not apply if the person proves that the person took all reasonable steps to cease to be a member of the organisation as soon as practicable after the person knew that the organisation was a prohibited hate group.

Note 1:

A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4 ).

Note 2:

For other defences, see section 114B.7 .