Criminal Code Act 1995
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.1 - Treason and related offences
View history note
Hide history noteA person commits an offence if: (a) the person advocates:
(i) the doing of a terrorist act; or
(b) the person engages in that conduct reckless as to whether another person will:
(ii) the commission of a terrorism offence referred to in subsection (2) ; and
(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.
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