Crimes Act 1914

Pt II repealed by No 67 of 2018, s 3 and Sch 1 item 43, effective 30 June 2018.

S 24 repealed by No 65 of 2002, s 3 and Sch 1 item 8, effective 6 July 2002.

Act No 65 of 2002, s 3 and Sch 1 item 18, contained the following provision:

S 24 formerly read:

Treason

(1)
A person who:

(a) kills the Sovereign, does the Sovereign any bodily harm tending to the death or destruction of the Sovereign or maims, wounds, imprisons or restrains the Sovereign;

(b) kills the eldest son and heir apparent, or the Queen Consort, of the Sovereign;

(c) levies war, or does any act preparatory to levying war, against the Commonwealth;

(d) assists by any means whatever, with intent to assist, an enemy:

(i) at war with the Commonwealth, whether or not the existence of a state of war has been declared; and

(ii) specified by proclamation made for the purpose of this paragraph to be an enemy at war with the Commonwealth;

(e) instigates a foreigner to make an armed invasion of the Commonwealth or any Territory not forming part of the Commonwealth; or

(f) forms an intention to do any act referred to in a preceding paragraph and manifests that intention by an overt act;

shall be guilty of an indictable offence, called treason, and liable to the punishment of death.

(2)
A person who:

(a) receives or assists another person who is, to his knowledge, guilty of treason in order to enable him to escape punishment; or

(b) knowing that a person intends to commit treason, does not give information thereof with all reasonable despatch to a constable or use other reasonable endeavours to prevent the commission of the offence;

shall be guilty of an indictable offence.

Penalty: Imprisonment for life.

(3)
On the trial of a person charged with treason on the ground that he formed an intention to do an act referred to in paragraph (1)(a), (b), (c), (d) or (e) and manifested that intention by an overt act, evidence of the overt act shall not be admitted unless the overt act was alleged in the indictment.

(4)
A sentence of death passed by a court in pursuance of this section shall be carried into execution in accordance with the law of the State or Territory in which the offender is convicted or, if the law of that State or Territory does not provide for the execution of sentences of death, in accordance with the directions of the Governor-General.