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 80.2BC   Advocating damage to or destruction of real property or motor vehicle  
Offences

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

(a)    the first person advocates the causing of damage to, or the destruction of, real property or a motor vehicle; and

(b)    the first person does so because of the first person ' s belief that:

(i) the real property is a place of worship of a group (the targeted group ); or

(ii) the real property is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group ); or

(iii) the motor vehicle is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group ); or

(iv) the real property is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group ); or

(v) the motor vehicle is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group ); and

(c)    the first person is reckless as to whether the damage or destruction will occur; and

(d)    the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and

(e)    the damage or destruction, if it were to occur, would threaten the peace, order and good government of the Commonwealth.

Note:

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

Penalty: Imprisonment for 7 years.

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

(a)    the first person advocates the causing of damage to, or the destruction of, real property or a motor vehicle; and

(b)    the first person does so because of the first person ' s belief that:

(i) the real property is a place of worship of a group (the targeted group ); or

(ii) the real property is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group ); or

(iii) the motor vehicle is owned, or occupied, in whole or in part, by one or more members of a group (the targeted group ); or

(iv) the real property is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group ); or

(v) the motor vehicle is owned, or occupied, in whole or in part, by a close associate of one or more members of a group (the targeted group ); and

(c)    the first person is reckless as to whether the damage or destruction will occur; and

(d)    the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion.

Note:

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

Penalty: Imprisonment for 5 years.

(3)    
For the purposes of paragraphs (1)(b) and (2)(b) , it is immaterial whether:

(a)    the real property actually is a place of worship of the targeted group; or

(b)    the real property actually is owned, or occupied, in whole or in part, by one or more members of the targeted group; or

(c)    the motor vehicle actually is owned, or occupied, in whole or in part, by one or more members of the targeted group; or

(d)    the real property actually is owned, or occupied, in whole or in part, by a close associate of one or more members of the targeted group; or

(e)    the motor vehicle actually is owned, or occupied, in whole or in part, by a close associate of one or more members of the targeted group.

(4)    
The fault element for paragraphs (1)(d) and (2)(d) is recklessness.

Note:

For recklessness, see section 5.4 .

(5)    
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

(6)    
Subsection (7) 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) .

(7)    
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.

Definitions

(8)    
In this section:

advocate
means counsel, promote, encourage or urge.