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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

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

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

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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)

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the targeted group is distinguished by race, religion, or national or ethnic origin; and

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

Note 1:

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

Note 2:

A person might commit an aggravated offence if the person is a religious official or other spiritual leader etc. (see section 80.2DA ) or the recipient of the advocacy is less than 18 years old (see section 80.2DB ).

Penalty: Imprisonment for 10 years.

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(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)

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the targeted group is distinguished by race, religion, or national or ethnic origin.

Note 1:

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

Note 2:

Penalty: Imprisonment for 7 years.

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(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.