Criminal Code Act 1995

Pt 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.

S 80.1(1) amended by No 127 of 2010, s 3 and Sch 1 items 8 to 11, by omitting " , called treason, " , omitting paras (e), (f) and (h), and substituting " Commonwealth. " for " Commonwealth; or " in para (g), effective 25 November 2010. Paras (e), (f) and (h) formerly read:

(e) engages in conduct that 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; or

(f) engages in conduct that assists by any means whatever, with intent to assist:

(i) another country; or

(ii) an organisation;

that is engaged in armed hostilities against the Australian Defence Force; or

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

S 80.1(1A) repealed by No 127 of 2010, s 3 and Sch 1 item 12, effective 25 November 2010. S 80.1(1A) formerly read:

(1A)
Paragraphs (1)(e) and (f) do not apply to engagement in conduct by way of, or for the purposes of, the provision of aid of a humanitarian nature.

Note 1:

A defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3).

Note 2:

There is a defence in section 80.3 for acts done in good faith.

S 80.1(1A) amended by No 144 of 2005, s 3 and Sch 7 items 8 and 9, by substituting " Note 1 " for " Note " in the note and inserting Note 2, effective 11 January 2006.

S 80.1(1B) repealed by No 127 of 2010, s 3 and Sch 1 item 12, effective 25 November 2010. S 80.1(1B) formerly read:

(1B)
Paragraph (1)(h) does not apply to formation of an intention to engage in conduct that:

(a) is referred to in paragraph (1)(e) or (f); and

(b) is by way of, or for the purposes of, the provision of aid of a humanitarian nature.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3).

S 80.1(2) amended by No 127 of 2010, s 3 and Sch 1 item 13, by substituting " an offence against this Subdivision (other than this subsection) " for " treason " in paras (a) and (b), effective 25 November 2010.

S 80.1(3) repealed by No 144 of 2005, s 3 and Sch 7 item 10, effective 11 January 2006. S 80.1(3) formerly read:

(3)
Proceedings for an offence against this section must not be commenced without the Attorney-General ' s written consent.

S 80.1(4) repealed by No 144 of 2005, s 3 and Sch 7 item 10, effective 11 January 2006. S 80.1(4) formerly read:

(4)
Despite subsection (3):

(a) a person may be arrested for an offence against this section; or

(b) a warrant for the arrest of a person for such an offence may be issued and executed;

and the person may be charged, and may be remanded in custody or on bail, but:

(c) no further proceedings may be taken until that consent has been obtained; and

(d) the person must be discharged if proceedings are not continued within a reasonable time.

S 80.1(5) repealed by No 127 of 2010, s 3 and Sch 1 item 14, effective 25 November 2010. S 80.1(5) formerly read:

(5)
On the trial of a person charged with treason on the ground that he or she formed an intention to do an act referred to in paragraph (1)(a), (b), (c), (d), (e), (f) or (g) and manifested that intention by an overt act, evidence of the overt act is not to be admitted unless the overt act is alleged in the indictment.

S 80.1(6) repealed by No 144 of 2005, s 3 and Sch 7 item 10, effective 11 January 2006. S 80.1(6) formerly read:

(6)
Section 24F of the Crimes Act 1914 applies to this section in the same way it would if this section were a provision of Part II of that Act.

S 80.1(7) repealed by No 144 of 2005, s 3 and Sch 7 item 10, effective 11 January 2006. S 80.1(7) formerly read:

(7)
Section 15.4 (extended geographical jurisdiction - category D) applies to an offence against this section.

Definition of " organisation " repealed by No 144 of 2005, s 3 and Sch 7 item 11, effective 11 January 2006. For review provisions, see note under definition of " advocate " in s 102.1. The definition formerly read:

organisation
means:

(a) a body corporate; or

(b) an unincorporated body;

whether or not the body is based outside Australia, consists of persons who are not Australian citizens, or is part of a larger organisation.