Crimes Act 1914

Pt IIA (heading) substituted by No 127 of 2010, s 3 and Sch 1 item 2, effective 25 November 2010. The heading formerly read:

Part IIA - Protection of the Constitution and of public and other services

S 30A repealed by No 127 of 2010, s 3 and Sch 1 item 3, effective 25 November 2010. S 30A formerly read:

SECTION 30A Unlawful associations  
(1)
The following are hereby declared to be unlawful associations, namely:

(a) any body of persons, incorporated or unincorporated, which by its constitution or propaganda or otherwise advocates or encourages:

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

(ii) the overthrow by force or violence of the established government of the Commonwealth or of a State or of any other civilized country or of organized government; or

(iii) the destruction or injury of property of the Commonwealth or of property used in trade or commerce with other countries or among the States;

or which is, or purports to be, affiliated with any organization which advocates or encourages any of the doctrines or practices specified in this paragraph;

(b) any body of persons, incorporated or unincorporated, which by its constitution or propaganda or otherwise advocates or encourages the doing of any act having or purporting to have as an object the carrying out of a seditious intention (see subsection (3)).

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History

S 30A(1) amended by No 144 of 2005, s 3 and Sch 7 item 3, by substituting ``(see subsection (3)) ' ' for ``as defined in section 24A'' in para (b), effective 11 January 2006.

(1A)
Without limiting the effect of the provisions of subsection (1), any body of persons, incorporated or unincorporated, which is, in pursuance of section 30AA , declared by the Federal Court of Australia to be an unlawful association, shall be deemed to be an unlawful association for the purposes of this Act.

(2)
Any branch or committee of an unlawful association, and any institution or school conducted by or under the authority or apparent authority of an unlawful association, shall, for all the purposes of this Act, be deemed to be an unlawful association.

(3)
In this section:

seditious intention
means an intention to use force or violence to effect any of the following purposes:

(a) to bring the Sovereign into hatred or contempt;

(b) to urge dissafection against the following:

(i) the Constitution;

(ii) the Government of the Commonwealth;

(iii) either House of the Parliament;

(c) to urge another person to attempt to procure a change, otherwise than by lawful means, to any matter established by law of the Commonwealth;

(d) to promote feelings of ill-will or hostility between different groups so as to threaten the peace, order and good government of the Commonwealth.

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History

S 30A(3) inserted by No 144 of 2005, s 3 and Sch 7 item 4, effective 11 January 2006.