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 80.2C   Advocating terrorism  

(1)    
A person commits an offence if:

(a)    the person advocates:

(i) the doing of a terrorist act; or

(ii) the commission of a terrorism offence referred to in subsection (2) ; and

(b)    the person engages in that conduct reckless as to whether another person will:

(i) engage in a terrorist act; or

(ii) commit a terrorism offence referred to in subsection (2) .

Note:

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

Penalty:

(a) if subparagraph (a)(i) of this subsection applies - imprisonment for 7 years; or

(b) if subparagraph (a)(ii) of this subsection applies - imprisonment for 7 years or for the maximum term of imprisonment for the terrorism offence advocated, whichever is the lesser.

(2)    
A terrorism offence is referred to in this subsection if:

(a)    the offence is punishable on conviction by imprisonment for 5 years or more; and

(b)    the offence is not:

(i) an offence against section 11.1 (attempt), 11.4 (incitement) or 11.5 (conspiracy) to the extent that it relates to a terrorism offence; or

(ii) a terrorism offence that a person is taken to have committed because of section 11.2 (complicity and common purpose), 11.2A (joint commission) or 11.3 (commission by proxy).

Definitions

(3)    

In this section:

advocates
: a person advocates the doing of a terrorist act or the commission of a terrorism offence if:

(a) the person counsels, promotes, encourages or urges the doing of a terrorist act or the commission of a terrorism offence; or

(b) the person provides instruction on the doing of a terrorist act or the commission of a terrorism offence; or

(c) the person praises the doing of a terrorist act or the commission of a terrorism offence in circumstances where there is a substantial risk that such praise might have the effect of leading another person to engage in a terrorist act or to commit a terrorism offence.

terrorism offence
has the same meaning as in subsection 3(1) of the Crimes Act 1914 .

terrorist act
has the same meaning as in section 100.1 .

(4)    
A reference in this section to advocating the doing of a terrorist act or the commission of a terrorism offence includes a reference to:

(a) advocating the doing of a terrorist act or the commission of a terrorism offence, even if a terrorist act or terrorism offence does not occur; and

(b) advocating the doing of a specific terrorist act or the commission of a specific terrorism offence; and

(c) advocating the doing of more than one terrorist act or the commission of more than one terrorism offence.