National Security Legislation Amendment Act 2010 (127 of 2010)
Schedule 1 Treason and urging violence
Part 1 Amendments commencing on the day after Royal Assent
Criminal Code Act 1995
18 Subsection 80.2(1) of the Criminal Code
Repeal the subsection, substitute:
Urging the overthrow of the Constitution or Government by force or violence
(1) A person (the first person ) commits an offence if:
(a) the first person intentionally urges another person to overthrow by force or violence:
(i) the Constitution; or
(ii) the Government of the Commonwealth, of a State or of a Territory; or
(iii) the lawful authority of the Government of the Commonwealth; and
(b) the first person does so intending that force or violence will occur.
Penalty: Imprisonment for 7 years.
Note: For intention, see section 5.2.
Note: The heading to section 80.2 of the Criminal Code is replaced by the heading " Urging violence against the Constitution etc. ".