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 substituted by No 1 of 2025, s 3 and Sch 1 item 1, effective 8 February 2025. The heading formerly read:

Division 80 - Treason, urging violence, advocating terrorism or genocide, and prohibited symbols and Nazi salute

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 CA inserted by No 113 of 2023, s 3 and Sch 1 item 5, effective 8 January 2024. No 113 of 2023, s 3 and Sch 1 item 8 contains the following transitional provision:

8 Transitional provision  
8
For the purposes of Subdivision CA of Division 80 of the Criminal Code , if:
(a) a person caused a thing to be displayed in a public place before the commencement of this item; and
(b) on that commencement, the thing had not ceased to be displayed in a public place;

the person is taken to cause, on that commencement, the thing to be displayed in a public place.

S 80.2H(1) amended by No 2 of 2026, s 3 and Sch 1 items 30 - 32, by substituting " applies. " for " applies; and " in para (c), repealing para (d) and substituting " subsections (9) and (10) " for " subsection (10) " in the note, effective 22 January 2026. Para (d) formerly read:

(d) subsection (9) does not apply.

S 80.2H(1) amended by No 1 of 2025, s 3 and Sch 2 item 5, by substituting the penalty, applicable in relation to a conviction that occurs on or after 8 February 2025 if the conduct constituting the offence occurs wholly on or after 8 February 2025. No 1 of 2025, s 3 and Sch 2 item 8 contains the following application provision:

8 Review of amendments  
(1)
The Parliamentary Joint Committee on Intelligence and Security must review the operation and effectiveness of the amendments made by this Schedule.

(2)
The Committee must:
(a) begin the review before the end of the period of 2 years beginning on the day on which this Schedule commences; and
(b) report the Committee ' s comments and recommendations to each House of the Parliament as soon as practicable after completing the review.

The penalty formerly read:

Penalty: Imprisonment for 12 months.

S 80.2H(2) amended by No 2 of 2026, s 3 and Sch 1 item 33, by substituting " paragraph (1)(c) " for " paragraphs (1)(c) and (d) " , effective 22 January 2026.

S 80.2H(3) substituted by No 2 of 2026, s 3 and Sch 1 item 57, effective 22 January 2026. S 80.2H(3) formerly read:

(3)
For the purposes of paragraph (1)(c), this subsection applies if a reasonable person would consider that the conduct mentioned in paragraph (1)(a):
(a) involves dissemination of ideas based on racial superiority or racial hatred; or
(b) could incite another person or a group of persons to offend, insult, humiliate or intimidate:

(i) a person (the targeted person ) because of the race of the targeted person; or

(ii) the members of a group of persons (the targeted group ) because of the race of some or all of the members of the targeted group.

Note:

The object of this subsection is to give further effect to Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, done at New York on 21 December 1965. The Convention is in Australian Treaty Series 1975 No. 40 ([1975] ATS 40) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

S 80.2H(4) substituted by No 2 of 2026, s 3 and Sch 1 item 57, effective 22 January 2026. S 80.2H(4) formerly read:

(4)
For the purposes of paragraph (1)(c), this subsection applies if a reasonable person would consider that the conduct mentioned in paragraph (1)(a) involves advocacy that:
(a) is advocacy of hatred of:

(i) a group of persons distinguished by race, religion or nationality (a targeted group ); or

(ii) a member of a targeted group; and

(b) constitutes incitement of another person or group of persons to offend, insult, humiliate, intimidate or use force or violence against:

(i) the targeted group; or

(ii) a member of the targeted group.

Note:

The object of this subsection is to give further effect to article 20 of the Covenant.

S 80.2H(7) amended by No 2 of 2026, s 3 and Sch 1 item 58, by inserting " , ethnic " in para (b), effective 22 January 2026.

S 80.2H(7) amended by No 1 of 2025, s 3 and Sch 1 item 20, by inserting " sexual orientation, gender identity, intersex status, disability, " in para (b), effective 8 February 2025.

S 80.2H(9) substituted by No 2 of 2026, s 3 and Sch 1 item 34, effective 22 January 2026. S 80.2H(9) formerly read:

(9)
For the purposes of paragraph (1)(d), this subsection applies if a reasonable person would consider that:
(a) the conduct mentioned in paragraph (1)(a) is engaged in for a purpose that is:

(i) a religious, academic, educational, artistic, literary or scientific purpose; and

(ii) not contrary to the public interest; or

(b) the conduct mentioned in paragraph (1)(a) is engaged in for the purposes of making a news report, or a current affairs report, that:

(i) is in the public interest; and

(ii) is made by a person working in a professional journalistic capacity.

S 80.2H inserted by No 113 of 2023, s 3 and Sch 1 item 5, effective 8 January 2024. For transitional provision, see note under Subdiv CA of Div 80 heading.