Crimes Act 1914

Pt II repealed by No 67 of 2018, s 3 and Sch 1 item 43, effective 30 June 2018.

S 24AA repealed by No 67 of 2018, s 3 and Sch 1 item 43, effective 30 June 2018. S 24AA formerly read:

SECTION 24AA Treachery  
(1)
A person shall not:

(a) do any act or thing with intent:

(i) to overthrow the Constitution of the Commonwealth by revolution or sabotage; or

(ii) to overthrow by force or violence the established government of the Commonwealth, of a State or of a proclaimed country; or

(b) within the Commonwealth or a Territory not forming part of the Commonwealth:

(i) levy war, or do any act preparatory to levying war, against a proclaimed country;

(ii) assist by any means whatever, with intent to assist, a proclaimed enemy of a proclaimed country; or

(iii) instigate a person to make an armed invasion of a proclaimed country.

(2)
Where a part of the Defence Force is on, or is proceeding to, service outside the Commonwealth and the Territories not forming part of the Commonwealth, a person shall not assist by any means whatever, with intent to assist, any persons:

(a) against whom that part of the Defence Force, or a force that includes that part of the Defence Force is or is likely to be opposed; and

(b) who are specified, or included in a class of persons specified, by proclamation to be persons in respect of whom, or a class of persons in respect of which, this subsection applies.

(3)
A person who contravenes a provision of this section commits an indictable offence, called treachery.

Penalty: Imprisonment for life.

 View history note

 Hide history note

History

S 24AA(3) amended by No 4 of 2016, s 3 and Sch 4 item 345, by substituting " commits " for " shall be guilty of " , effective 10 March 2016.

(4)
In this section:

proclaimed country
means a country specified by proclamation made for the purpose of this definition to be a proclaimed country, and includes any colony, overseas territory or protectorate of that country, or any territory for the international relations of which that country is responsible, which is a colony, overseas territory, protectorate or territory to which the proclamation is expressed to extend.

proclaimed enemy
, in relation to a proclaimed country, means an enemy:

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

(b) specified by proclamation made for the purpose of this definition to be an enemy of and at war with that country.

(5)
A proclamation shall not be made for the purpose of the definition of proclaimed country , or for the purpose of the definition of proclaimed enemy , in subsection (4) except in pursuance of a resolution of each House of the Parliament passed within the preceding period of 21 days.