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 C heading substituted by No 82 of 2016, s 3 and Sch 11 item 3, effective 30 November 2016. The heading formerly read:

Subdivision C - Urging violence and advocating terrorism

Subdiv C heading substituted by No 116 of 2014, s 3 and Sch 1 item 60, effective 1 December 2014. The heading formerly read:

Subdiv C - Urging violence

Subdiv C heading inserted by No 127 of 2010, s 3 and Sch 1 item 17, effective 25 November 2010.

S 80.2(1) substituted by No 127 of 2010, s 3 and Sch 1 item 18, effective 25 November 2010. S 80.2(1) formerly read:

Urging the overthrow of the Constitution or Government

(1)
A person commits an offence if the person urges another person to overthrow by force or violence:

(a) the Constitution; or

(b) the Government of the Commonwealth, a State or a Territory; or

(c) the lawful authority of the Government of the Commonwealth.

Penalty: Imprisonment for 7 years.

S 80.2(2) amended by No 127 of 2010, s 3 and Sch 1 item 19, by substituting " first " for " first-mentioned " , effective 25 November 2010.

S 80.2(3) substituted by No 127 of 2010, s 3 and Sch 1 item 20, effective 25 November 2010. S 80.2(3) formerly read:

Urging interference in Parliamentary elections

(3)
A person commits an offence if the person urges another person to interfere by force or violence with lawful processes for an election of a member or members of a House of the Parliament.

Penalty: Imprisonment for 7 years.

S 80.2(4) amended by No 127 of 2010, s 3 and Sch 1 item 21, by substituting " , or for a referendum, that the first " for " that the first-mentioned " , effective 25 November 2010.

S 80.2(5) repealed by No 127 of 2010, s 3 and Sch 1 item 33, effective 22 December 2010. S 80.2(5) formerly read:

Urging violence within the community

(5)
A person commits an offence if:

(a) the person urges a group or groups (whether distinguished by race, religion, nationality or political opinion) to use force or violence against another group or other groups (as so distinguished); and

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

Penalty: Imprisonment for 7 years.

S 80.2(6) (not including the note, which is now below 80.2(4)) repealed by No 127 of 2010, s 3 and Sch 1 item 34 , effective 22 December 2010. S 80.2(5) formerly read:

(6)
Recklessness applies to the element of the offence under subsection (5) that it is a group or groups that are distinguished by race, religion, nationality or political opinion that the first person urges the other person to use force or violence against.

S 80.2(6) amended by No 127 of 2010, s 3 and Sch 1 items 22 and 23, by substituting " first " for " first-mentioned " and inserting note at the end, effective 25 November 2010.

S 80.2(7) repealed by No 127 of 2010, s 3 and Sch 1 item 24, effective 25 November 2010. S 80.2(7) formerly read:

Urging a person to assist the enemy

(7)
A person commits an offence if:

(a) the person urges another person to engage in conduct; and

(b) the first-mentioned person intends the conduct to assist an organisation or country; and

(c) the organisation or country is:

(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 paragraph 80.1(1)(e) to be an enemy at war with the Commonwealth.

Penalty: Imprisonment for 7 years.

S 80.2(8) repealed by No 127 of 2010, s 3 and Sch 1 item 24, effective 25 November 2010. S 80.2(8) formerly read:

Urging a person to assist those engaged in armed hostilities

(8)
A person commits an offence if:

(a) the person urges another person to engage in conduct; and

(b) the first-mentioned person intends the conduct to assist an organisation or country; and

(c) the organisation or country is engaged in armed hostilities against the Australian Defence Force.

Penalty: Imprisonment for 7 years.

S 80.2(9) repealed by No 127 of 2010, s 3 and Sch 1 item 24, effective 25 November 2010. S 80.2(9) formerly read:

Defence

(9)
Subsections (7) and (8) 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 (9). See subsection 13.3(3).

Note 2:

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

S 80.2 inserted by No 144 of 2005, s 3 and Sch 7 item 12, effective 11 January 2006.