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 C - Urging violence and advocating terrorism or genocide  

SECTION 80.2   Urging violence against the Constitution etc.   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.

(2)  


Recklessness applies to the element of the offence under subsection (1) that it is:


(a) the Constitution; or


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


(c) the lawful authority of the Government of the Commonwealth;

that the first person urges the other person to overthrow.

Urging interference in Parliamentary elections or constitutional referenda by force or violence

(3)  


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


(a) the first person intentionally urges another person to interfere, by force or violence, with lawful processes for:


(i) an election of a member or members of a House of the Parliament; or

(ii) a referendum; 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.

(4)  


Recklessness applies to the element of the offence under subsection (3) that it is lawful processes for an election of a member or members of a House of the Parliament, or for a referendum, that the first person urges the other person to interfere with.
Note:

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

(5)  
(Repealed by No 127 of 2010)

(6)  


(Repealed by No 127 of 2010)

(7)  
(Repealed by No 127 of 2010)

(8)  
(Repealed by No 127 of 2010)

(9)  
(Repealed by No 127 of 2010)




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.