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 80.2C   Advocating terrorism  

(1)  
A person commits an offence if:


(a) the person advocates:


(i) the doing of a terrorist act; or

(ii) the commission of a terrorism offence referred to in subsection (2); and


(b) the person engages in that conduct reckless as to whether another person will:


(i) engage in a terrorist act; or

(ii) commit a terrorism offence referred to in subsection (2).
Note:

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

Penalty: Imprisonment for 5 years.

(2)  
A terrorism offence is referred to in this subsection if:


(a) the offence is punishable on conviction by imprisonment for 5 years or more; and


(b) the offence is not:


(i) an offence against section 11.1 (attempt), 11.4 (incitement) or 11.5 (conspiracy) to the extent that it relates to a terrorism offence; or

(ii) a terrorism offence that a person is taken to have committed because of section 11.2 (complicity and common purpose), 11.2A (joint commission) or 11.3 (commission by proxy).
Definitions

(3)  
In this section:

advocates
: a person advocates the doing of a terrorist act or the commission of a terrorism offence if the person counsels, promotes, encourages or urges the doing of a terrorist act or the commission of a terrorism offence.

terrorism offence
has the same meaning as in subsection 3(1) of the Crimes Act 1914 .

terrorist act
has the same meaning as in section 100.1 .

(4)  
A reference in this section to advocating the doing of a terrorist act or the commission of a terrorism offence includes a reference to:


(a) advocating the doing of a terrorist act or the commission of a terrorism offence, even if a terrorist act or terrorism offence does not occur; and


(b) advocating the doing of a specific terrorist act or the commission of a specific terrorism offence; and


(c) advocating the doing of more than one terrorist act or the commission of more than one terrorism offence.




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