National Security Legislation Amendment Act 2010 (127 of 2010)
Schedule 1 Treason and urging violence
Part 2 Amendments commencing 28 days after Royal Assent
Criminal Code Act 1995
35 At the end of Subdivision C of Division 80 of the Criminal Code
Add:
80.2A Urging violence against groups
Offences
(1) A person (the first person ) commits an offence if:
(a) the first person intentionally urges another person, or a group, to use force or violence against a group (the targeted group ); and
(b) the first person does so intending that force or violence will occur; and
(c) the targeted group is distinguished by race, religion, nationality, national or ethnic origin or political opinion; and
(d) the use of the force or violence would threaten the peace, order and good government of the Commonwealth.
Penalty: Imprisonment for 7 years.
Note: For intention, see section 5.2.
(2) A person (the first person ) commits an offence if:
(a) the first person intentionally urges another person, or a group, to use force or violence against a group (the targeted group ); and
(b) the first person does so intending that force or violence will occur; and
(c) the targeted group is distinguished by race, religion, nationality, national or ethnic origin or political opinion.
Penalty: Imprisonment for 5 years.
Note: For intention, see section 5.2.
(3) The fault element for paragraphs (1)(c) and (2)(c) is recklessness.
Note: For recklessness, see section 5.4.
Alternative verdict
(4) Subsection (5) 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).
(5) 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.
Note: There is a defence in section 80.3 for acts done in good faith.
80.2B Urging violence against members of groups
Offences
(1) A person (the first person ) commits an offence if:
(a) the first person intentionally urges another person, or a group, to use force or violence against a person (the targeted person ); and
(b) the first person does so intending that force or violence will occur; and
(c) the first person does so because of his or her belief that the targeted person is a member of a group (the targeted group ); and
(d) the targeted group is distinguished by race, religion, nationality, national or ethnic origin or political opinion; and
(e) the use of the force or violence would threaten the peace, order and good government of the Commonwealth.
Penalty: Imprisonment for 7 years.
Note: For intention, see section 5.2.
(2) A person (the first person ) commits an offence if:
(a) the first person intentionally urges another person, or a group, to use force or violence against a person (the targeted person ); and
(b) the first person does so intending that force or violence will occur; and
(c) the first person does so because of his or her belief that the targeted person is a member of a group (the targeted group ); and
(d) the targeted group is distinguished by race, religion, nationality, national or ethnic origin or political opinion.
Penalty: Imprisonment for 5 years.
Note: For intention, see section 5.2.
(3) For the purposes of paragraphs (1)(c) and (2)(c), it is immaterial whether the targeted person actually is a member of the targeted group.
(4) The fault element for paragraphs (1)(d) and (2)(d) is recklessness.
Note: For recklessness, see section 5.4.
Alternative verdict
(5) Subsection (6) 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).
(6) 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.
Note: There is a defence in section 80.3 for acts done in good faith.
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).