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 83 - Other threats to security  

SECTION 83.1   Advocating mutiny  

(1)  
A person (the advocate ) commits an offence if:


(a) the advocate engages in conduct; and


(b) the conduct involves advocating mutiny; and


(c) the advocate engages in the conduct reckless as to whether the result will be that a defence member (within the meaning of the Defence Force Discipline Act 1982 ) will take part in a mutiny; and


(d) at the time the advocate engages in the conduct:


(i) the advocate knows that the advocate is an Australian citizen or a resident of Australia; or

(ii) the advocate knows that the advocate has voluntarily put himself or herself under the protection of the Commonwealth; or

(iii) the advocate is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.
Note:

The defence in section 80.3 for acts done in good faith applies to this offence.

Penalty: Imprisonment for 7 years.

(1A)  
For the purposes of this section:


(a) a person advocates mutiny if the person counsels, promotes, encourages or urges mutiny; and


(b) a reference to advocating mutiny includes a reference to:


(i) advocating mutiny even if mutiny does not occur; and

(ii) advocating a specific mutiny; and

(iii) advocating more than one mutiny.

(2)  
A mutiny is a combination between persons who are, or at least 2 of whom are, members of the Australian Defence Force:


(a) to overthrow lawful authority in the Australian Defence Force or in a force of another country that is acting in cooperation with the Australian Defence Force; or


(b) to resist such lawful authority in such a manner as to substantially prejudice the operational efficiency of the Australian Defence Force or of, or of a part of, a force of another country that is acting in cooperation with the Australian Defence Force.

(3)  
Strict liability applies to subparagraph (1)(d)(iii).

(4)  
Section 15.4 (extended geographical jurisdiction - category D) applies to an offence against this section.




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