Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.1 - Treason and related offences  

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History

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

Division 83 - Other threats to security  

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Div 83 inserted by No 67 of 2018, s 3 and Sch 1 item 8, effective 30 June 2018.

SECTION 83.4   Interference with political rights and duties  

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(1)    
A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct involves the use of force or violence, or intimidation, or the making of threats of any kind; and

(c) the conduct results in interference with the exercise or performance, in Australia by any other person, of an Australian democratic or political right or duty; and

(d) the right or duty arises under the Constitution or a law of the Commonwealth.

Note:

The defence in section 80.3 for acts done in good faith applies to this offence.

Penalty: Imprisonment for 3 years.

(2)    
Absolute liability applies to paragraph (1)(d).

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History

S 83.4 inserted by No 67 of 2018, s 3 and Sch 1 item 8, effective 30 June 2018.

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