Document ID: chunk:federal_register_of_legislation:C2019A00067:clause:1_2:p1
Version: federal_register_of_legislation:C2019A00067
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 1/3)
Character Range: 3882–6652

2  At the end of Division 474 of the Criminal Code
Add:

Subdivision J—Offences relating to use of carriage service for inciting trespass, property damage, or theft, on agricultural land

474.46  Using a carriage service for inciting trespass on agricultural land
 (1) A person (the offender) commits an offence if:
 (a) the offender transmits, makes available, publishes or otherwise distributes material; and
 (b) the offender does so using a carriage service; and
 (c) the offender does so with the intention of inciting another person to trespass on agricultural land; and
 (d) the offender is reckless as to whether:
 (i) the trespass of the other person on the agricultural land; or
 (ii) any conduct engaged in by the other person while trespassing on the agricultural land;
  could cause detriment to a primary production business that is being carried on on the agricultural land.
Penalty: Imprisonment for 12 months.
 (2) Subsection (1) does not apply to material if the material relates to a news report, or a current affairs report, that:
 (a) is in the public interest; and
 (b) is made by a person working in a professional capacity as a journalist.
 (2A) In a prosecution for an offence against subsection (1), the defendant does not bear an evidential burden in relation to the matters in subsection (2), despite subsection 13.3(3).
 (3) Subsection (1) does not apply to conduct engaged in by a person if, as a result of the operation of a law of the Commonwealth, a State or a Territory, the person is not subject to any civil or criminal liability for the conduct.
Note 1: The Public Interest Disclosure Act 2013 provides that an individual is not subject to any civil or criminal liability for making a public interest disclosure.
Note 2: Section 1317AB of the Corporations Act 2001 provides that a person who makes a disclosure that qualifies for protection under Part 9.4AAA of that Act is not subject to any civil or criminal liability for making the disclosure.
Note 3: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
 (4) Subsection (3) does not limit section 10.5 (lawful authority).

474.47  Using a carriage service for inciting property damage, or theft, on agricultural land
 (1) A person (the offender) commits an offence if:
 (a) the offender transmits, makes available, publishes or otherwise distributes material; and
 (b) the offender does so using a carriage service; and
 (c) the offender does so with the intention of inciting another person to:
 (i) unlawfully damage property on agricultural land; or
 (ii) unlawfully destroy property on agricultural land; or
 (iii) commit theft of property on agricultural land.
Penalty: Imprisonment for 5 years.
 (2) Subsection (1)