Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.1 - Treason and related offences  

Division 80 - Treason, urging violence, advocating terrorism or genocide, and prohibited symbols and Nazi salute  

Subdivision C - Urging violence and advocating terrorism or genocide  

SECTION 80.2B   Urging violence against members of groups  

Offences

(1)    
A person (the first person ) commits an offence if:

(a) the first person intentionally urges another person, or a group, to use force or violence against a person (the targeted person ); and

(b) the first person does so intending that force or violence will occur; and

(c) the first person does so because of his or her belief that the targeted person is a member of a group (the targeted group ); and

(d) the targeted group is distinguished by race, religion, nationality, national or ethnic origin or political opinion; and

(e) the use of the force or violence would threaten the peace, order and good government of the Commonwealth.

Penalty: Imprisonment for 7 years.

Note:

For intention, see section 5.2.

(2)    
A person (the first person ) commits an offence if:

(a) the first person intentionally urges another person, or a group, to use force or violence against a person (the targeted person ); and

(b) the first person does so intending that force or violence will occur; and

(c) the first person does so because of his or her belief that the targeted person is a member of a group (the targeted group ); and

(d) the targeted group is distinguished by race, religion, nationality, national or ethnic origin or political opinion.

Penalty: Imprisonment for 5 years.

Note:

For intention, see section 5.2.

(3)    
For the purposes of paragraphs (1)(c) and (2)(c), it is immaterial whether the targeted person actually is a member of the targeted group.

(4)    
The fault element for paragraphs (1)(d) and (2)(d) is recklessness.

Note:

For recklessness, see section 5.4.

Alternative verdict

(5)    
Subsection (6) applies if, in a prosecution for an offence (the prosecuted offence ) against subsection (1), the trier of fact:

(a) is not satisfied that the defendant is guilty of the offence; but

(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).

(6)    
The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Note:

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