S 24AB repealed by No 67 of 2018, s 3 and Sch 1 item 43, effective 30 June 2018. S 24AB formerly read:
SECTION 24AB Sabotage
(1)
In this section:
act of sabotage
means the destruction, damage or impairment, with the intention of prejudicing the safety or defence of the Commonwealth, of any article:
(a)
that is used, or intended to be used, by the Defence Force or a part of the Defence Force or is used, or intended to be used, in the Commonwealth or a Territory not forming part of the Commonwealth, by the armed forces of a country that is a proclaimed country for the purposes of section
24AA
;
(b)
that is used, or intended to be used, in or in connexion with the manufacture, investigation or testing of weapons or apparatus of war;
(c)
that is used, or intended to be used, for any purpose that relates directly to the defence of the Commonwealth; or
(d)
that is in or forms part of a place that is a prohibited place within the meaning of section
80
.
History
Definition of
"
act of sabotage
"
amended by No 24 of 2001, s 3 and Sch 10 item 23, by substituting
"
with the intention of prejudicing
"
for
"
for a purpose intended to be prejudicial to
"
. For application provisions, see note under s 3BA.
article
includes any thing, substance or material.
(2)
A person who:
(a)
carries out an act of sabotage; or
(b)
has in his or her possession any article that is capable of use, and which he or she intends for use, in carrying out an act of sabotage;
commits an indictable offence.
Penalty: Imprisonment for 15 years.
History
S 24AB(2) amended by No 4 of 2016, s 3 and Sch 4 item 345, by substituting
"
commits
"
for
"
shall be guilty of
"
, effective 10 March 2016.
(3)
On a prosecution under this section it is not necessary to show that the accused person was guilty of a particular act tending to show an intention to prejudice the safety or defence of the Commonwealth and, notwithstanding that such an act is not proved against him, he or she may be convicted if, from the circumstances of the case, from his or her conduct or from his or her known character as proved, it appears that his or her intention was to prejudice the safety or defence of the Commonwealth.
History
S 24AB(3) amended by No 24 of 2001, s 3 and Sch 10 items 24 and 25, by substituting
"
an intention to prejudice
"
for
"
a purpose intended to be prejudicial to
"
(first occurring) and
"
intention was to prejudice
"
for
"
purpose was a purpose intended to be prejudicial to
"
. For application provisions, see note under s 3BA.
(4)
On a prosecution under this section, evidence is not admissible by virtue of subsection (3) if the magistrate exercising jurisdiction with respect to the examination and commitment for trial of the defendant, or the judge presiding at the trial, as the case may be, is of the opinion that that evidence:
(a)
would not tend to show that the defendant intended to prejudice the safety or defence of the Commonwealth; or
(b)
would, having regard to all the circumstances of the case and notwithstanding subsection (5), prejudice the fair trial of the defendant.
History
S 24AB(4)(a) amended by No 24 of 2001, s 3 and Sch 10 item 26, by substituting
"
defendant intended to prejudice
"
for
"
purpose of the defendant was a purpose intended to be prejudicial to
"
. For application provisions, see note under s 3BA.
(5)
If evidence referred to in subsection (4) is admitted at the trial, the judge shall direct the jury that the evidence may be taken into account by the jury only on the question whether the defendant intended to prejudice the safety or defence of the Commonwealth and must be disregarded by the jury in relation to any other question.
History
S 24AB(5) amended by No 24 of 2001, s 3 and Sch 10 item 27, by substituting
"
defendant intended to prejudice
"
for
"
purpose of the defendant was a purpose intended to be prejudicial to
"
. For application provisions, see note under s 3BA.
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