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 violence and advocating terrorism or genocide  

Subdivision B - Treason  

SECTION 80.1AC   80.1AC   Treachery  


A person commits an offence if:


(a) the person engages in conduct; and


(b) the conduct involves the use of force or violence; and


(c) the person engages in the conduct with the intention of overthrowing:


(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.
Note 1:

There is a defence in section 80.3 for acts done in good faith.

Note 2:

If a body corporate is convicted of an offence against subsection (1), subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 10,000 penalty units.

Penalty: Imprisonment for life.




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