Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p23
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 23/44)
Character Range: 228307–231009

this subsection if:
 (a) the offence is punishable on conviction by imprisonment for 5 years or more; and
 (b) the offence is not:
 (i) an offence against section 11.1 (attempt), 11.4 (incitement) or 11.5 (conspiracy) to the extent that it relates to a terrorism offence; or
 (ii) a terrorism offence that a person is taken to have committed because of section 11.2 (complicity and common purpose), 11.2A (joint commission) or 11.3 (commission by proxy).

Definitions
 (3) In this section:
advocates: a person advocates the doing of a terrorist act or the commission of a terrorism offence if:
 (a) the person counsels, promotes, encourages or urges the doing of a terrorist act or the commission of a terrorism offence; or
 (b) the person provides instruction on the doing of a terrorist act or the commission of a terrorism offence; or
 (c) the person praises the doing of a terrorist act or the commission of a terrorism offence in circumstances where there is a substantial risk that such praise might have the effect of leading another person to engage in a terrorist act or to commit a terrorism offence.
terrorism offence has the same meaning as in subsection 3(1) of the Crimes Act 1914.
terrorist act has the same meaning as in section 100.1.
 (4) A reference in this section to advocating the doing of a terrorist act or the commission of a terrorism offence includes a reference to:
 (a) advocating the doing of a terrorist act or the commission of a terrorism offence, even if a terrorist act or terrorism offence does not occur; and
 (b) advocating the doing of a specific terrorist act or the commission of a specific terrorism offence; and
 (c) advocating the doing of more than one terrorist act or the commission of more than one terrorism offence.

80.2D  Advocating genocide
 (1) A person commits an offence if:
 (a) the person advocates genocide; and
 (b) the person engages in that conduct reckless as to whether another person will engage in genocide.
Note: There is a defence in section 80.3 for acts done in good faith.
Penalty: Imprisonment for 7 years.

Double jeopardy
 (2) A person cannot be tried by a federal court or a court of a State or Territory for an offence against subsection (1) if the person has already been convicted or acquitted by the International Criminal Court for an offence constituted by substantially the same conduct as constituted the offence against subsection (1).

Definitions
 (3) In this section:
advocate means counsel, promote, encourage or urge.
genocide means the commission of an offence against Subdivision B (genocide) of Division 268, other than:
 (a) an offence against section 11.1 (attempt), 11.4 (incitement) or 11.5 (conspiracy) to