S 50DB repealed by No 42 of 2010, s 3 and Sch 1 item 1, effective 15 April 2010. S 50DB formerly read:
SECTION 50DB Encouraging offence against this Part
(1)
A person contravenes this section if:
(a)
the person does an act, or makes an omission, whether within or outside Australia, with the intention of encouraging conduct of a kind that would constitute an offence against this Part (other than this section); and
(b)
the act or omission is reasonably capable of encouraging such conduct;
whether or not that conduct in fact occurs.
Penalty: Imprisonment for 17 years.
(1A)
Absolute liability applies to paragraph (1)(b).
Note:
For
absolute liability
, see section
6.2
of the
Criminal Code
.
History
S 50DB(1A) inserted by No 24 of 2001, s 3 and Sch 10 item 74. For application provisions, see note under s 3BA.
(1B)
In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the conduct mentioned in paragraph (1)(a) would be of a kind that would constitute an offence against this Part (other than this section).
History
S 50DB(1B) inserted by No 24 of 2001, s 3 and Sch 10 item 74, effective 25 May 2001, For application provisions, see note under s 3BA.
(2)
In this section:
encourage
means:
(a)
encourage, incite to, or urge, by any means whatever, for example, by written, electronic or other form of communication; or
(b)
aid, facilitate, or contribute to, in any way whatever.
(3)
These are examples of acts covered by paragraph (1)(b):
(a)
organising an arrangement that facilitates an offence against this Part (other than this section);
(b)
assisting a person to travel outside Australia in order to commit an act that would constitute an offence against Division
2
;
(c)
advertising an offer so to assist a person or an arrangement for so assisting a person.
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