Criminal Code Act 1995
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.1 - Treason and related offences
Hide history note
View history notePt 5.1 heading substituted by No 67 of 2018, s 3 and Sch 1 item 1, effective 30 June 2018. The heading formerly read:
Part 5.1 - Treason, urging violence and advocating terrorism or genocide
Pt 5.1 heading substituted by No 82 of 2016, s 3 and Sch 11 item 1, effective 30 November 2016. The heading formerly read:
Part 5.1 - Treason, urging violence and advocating terrorism
Pt 5.1 heading substituted by No 116 of 2014, s 3 and Sch 1 item 57, effective 1 December 2014. The heading formerly read:
Part 5.1 - Treason and urging violence
Pt 5.1 heading substituted by No 127 of 2010, s 3 and Sch 1 item 4, effective 25 November 2010. The heading formerly read:
Part 5.1 - Treason and sedition
Pt 5.1 heading substituted by No 144 of 2005, s 3 and Sch 7 item 5, effective 11 January 2006. The heading formerly read:
Part 5.1 - Treason
Div 80 heading amended by No 113 of 2023, s 3 and Sch 1 item 4, by substituting " , advocating terrorism or genocide, and prohibited symbols and Nazi salute " for " and advocating terrorism or genocide " , effective 8 January 2024.
Div 80 heading substituted by No 82 of 2016, s 3 and Sch 11 item 2, effective 30 November 2016. The heading formerly read:
Division 80 - Treason, urging violence and advocating terrorism
Div 80 heading substituted by No 116 of 2014, s 3 and Sch 1 item 58, effective 1 December 2014. The heading formerly read:
Division 80 - Treason and urging violence
Div 80 heading substituted by No 127 of 2010, s 3 and Sch 1 item 5, effective 25 November 2010. The heading formerly read:
Division 80 - Treason and sedition
Div 80 heading substituted by No 144 of 2005, s 3 and Sch 7 item 6, effective 11 January 2006. The heading formerly read:
Division 80 - Treason
Subdiv B heading inserted by No 127 of 2010, s 3 and Sch 1 item 7, effective 25 November 2010.
A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct involves the use of force or violence; and
(c) the person engages in the conduct with the intention of overthrowing:
(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.
Note 1:
There is a defence in section 80.3 for acts done in good faith.
Note 2:
If a body corporate is convicted of an offence against subsection (1), subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 10,000 penalty units.
Penalty: Imprisonment for life.
S 80.1AC inserted by No 67 of 2018, s 3 and Sch 1 item 4, effective 30 June 2018.
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