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 D - Common provisions  

SECTION 80.3   Defence for acts done in good faith  

(1)  


Subdivisions B and C, and sections 83.1 and 83.4 , do not apply to a person who:


(a) tries in good faith to show that any of the following persons are mistaken in any of his or her counsels, policies or actions:


(i) the Sovereign;

(ii) the Governor-General;

(iii) the Governor of a State;

(iv) the Administrator of a Territory;

(v) an adviser of any of the above;

(vi) a person responsible for the government of another country; or


(b) points out in good faith errors or defects in the following, with a view to reforming those errors or defects:


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

(ii) the Constitution;

(iii) legislation of the Commonwealth, a State, a Territory or another country;

(iv) the administration of justice of or in the Commonwealth, a State, a Territory or another country; or


(c) urges in good faith another person to attempt to lawfully procure a change to any matter established by law, policy or practice in the Commonwealth, a State, a Territory or another country; or


(d) points out in good faith any matters that are producing, or have a tendency to produce, feelings of ill-will or hostility between different groups, in order to bring about the removal of those matters; or


(e) does anything in good faith in connection with an industrial dispute or an industrial matter; or


(f) publishes in good faith a report or commentary about a matter of public interest.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (1). See subsection 13.3(3) .

(2)  
In considering a defence under subsection (1), the Court may have regard to any relevant matter, including whether the acts were done:


(a) for a purpose intended to be prejudicial to the safety or defence of the Commonwealth; or


(b) with the intention of assisting a party:


(i) engaged in armed conflict involving the Commonwealth or the Australian Defence Force; and

(ii) declared in a Proclamation made under section 80.1AB to be an enemy engaged in armed conflict involving the Commonwealth or the Australian Defence Force; or


(c) - (e) (Repealed by No 67 of 2018)


(f) with the intention of causing violence or creating public disorder or a public disturbance.

(3)  


Without limiting subsection (2), in considering a defence under subsection (1) in respect of an offence against Subdivision C, the Court may have regard to any relevant matter, including whether the acts were done:


(a) in the development, performance, exhibition or distribution of an artistic work; or


(b) in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest; or


(c) in the dissemination of news or current affairs.




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