Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_2
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 3073–4592

2  Subsection 4(1)
Repeal the subsection, substitute:

 (1) A person is guilty of an offence if:
 (a) the person boycotts or threatens to boycott any person, property, work or undertaking; and
 (b) by doing so the first‑mentioned person:
 (i) prevents, hinders or obstructs the carrying out of an approved defence project; or
 (ii) endeavours to prevent, hinder or obstruct the carrying out of an approved defence project.

 (1A) A person is guilty of an offence if:
 (a) the person publishes a declaration of a boycott or threat of a boycott; and
 (b) as a result, the carrying out of an approved defence project is prevented, hindered or obstructed.

 (1B) A person is guilty of an offence if, by speech or writing, the person advocates or encourages the prevention, hindrance or obstruction of the carrying out of an approved defence project.

 (1C) Subsections (1), (1A) and (1B) do not apply if the person has a reasonable cause or excuse.

Note: The defendant bears an evidential burden in relation to the matter in subsection (1C). See subsection 13.3(3) of the Criminal Code.

 (1D) A person is guilty of an offence if:
 (a) the person uses violence or a threat of violence to a person or property, or engages in any other unlawful conduct; and
 (b) by doing so the first‑mentioned person:
 (i) prevents, hinders or obstructs the carrying out of an approved defence project; or
 (ii) endeavours to prevent, hinder or obstruct the carrying out of an approved defence project.

Control of Naval Waters Act 1918