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 or threatening violence, offences against groups or members of groups, advocating terrorism or genocide, and prohibited symbols and Nazi salute  

Subdivision C - Urging or threatening violence, offences against groups or members of groups and advocating terrorism or genocide  

SECTION 80.2BE   Advocating force or violence through causing damage to property  
Offences

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

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

(b)    the first person does so by causing damage to property; and

(c)    the first person does so reckless as to whether the force or violence will occur; and

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

(e)    the use of 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 . For recklessness, see section 5.4 .

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

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

(b)    the first person does so by causing damage to property; and

(c)    the first person does so reckless as to whether the force or violence will occur; and

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

Penalty: Imprisonment for 5 years.

Note:

For intention, see section 5.2 . For recklessness, see section 5.4 .

(3)    
The fault element for paragraphs (1)(d) and (2)(d) is recklessness.

Note:

For recklessness, see section 5.4 .

(4)    
For the purposes of paragraphs (1)(d) and (2)(d) , the person may have in mind a combination of attributes mentioned in those paragraphs.

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.

Meaning of damage

(7)    
In this section:

damage
includes minor damage.

Example: An offensive slogan painted on a building (advocating the use of force or violence against Jews) is damage for the purposes of this section.