Document ID: chunk:federal_register_of_legislation:C2025C00060:section:5:p13
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 5 (pt 13/31)
Character Range: 67190–69866

not together with conduct of the procurer) would have constituted an offence on the part of the procurer if the procurer had engaged in it;
is taken to have committed that offence and is punishable accordingly.

11.4  Incitement
 (1) A person who urges the commission of an offence commits the offence of incitement.
 (2) For the person to be guilty, the person must intend that the offence incited be committed.
 (2A) Subsection (2) has effect subject to subsection (4A).
 (3) A person may be found guilty even if committing the offence incited is impossible.
 (4) Any defences, procedures, limitations or qualifying provisions that apply to an offence apply also to the offence of incitement in respect of that offence.
 (4A) Any special liability provisions that apply to an offence apply also to the offence of incitement in respect of that offence.
 (5) It is not an offence to incite the commission of an offence against section 11.1 (attempt), this section or section 11.5 (conspiracy).
Penalty:
 (a) if the offence incited is punishable by life imprisonment—imprisonment for 10 years; or
 (b) if the offence incited is punishable by imprisonment for 14 years or more, but is not punishable by life imprisonment—imprisonment for 7 years; or
 (c) if the offence incited is punishable by imprisonment for 10 years or more, but is not punishable by imprisonment for 14 years or more—imprisonment for 5 years; or
 (d) if the offence is otherwise punishable by imprisonment—imprisonment for 3 years or for the maximum term of imprisonment for the offence incited, whichever is the lesser; or
 (e) if the offence incited is not punishable by imprisonment—the number of penalty units equal to the maximum number of penalty units applicable to the offence incited.
Note: Under section 4D of the Crimes Act 1914, these penalties are only maximum penalties. Subsection 4B(2) of that Act allows a court to impose an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount not greater than 5 times the maximum fine that the court could impose on an individual convicted of the same offence. Penalty units are defined in section 4AA of that Act.

11.5  Conspiracy
 (1) A person who conspires with another person to commit an offence punishable by imprisonment for more than 12 months, or by a fine of 200 penalty units or more, commits the offence of conspiracy to commit that offence and is punishable as if the offence to which the conspiracy relates had been committed.
Note: Penalty units are defined in section 4AA of the Crimes Act 1914.