Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:7_12:p1
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 7 cl 12 (pt 1/3)
Character Range: 197856–200608

12  At the end of Division 80 of the Criminal Code
Add:

80.2  Sedition

Urging the overthrow of the Constitution or Government

 (1) A person commits an offence if the person urges another person to overthrow by force or violence:
 (a) the Constitution; or
 (b) the Government of the Commonwealth, a State or a Territory; or
 (c) the lawful authority of the Government of the Commonwealth.

Penalty: Imprisonment for 7 years.

 (2) Recklessness applies to the element of the offence under subsection (1) that it is:
 (a) the Constitution; or
 (b) the Government of the Commonwealth, a State or a Territory; or
 (c) the lawful authority of the Government of the Commonwealth;
that the first‑mentioned person urges the other person to overthrow.

Urging interference in Parliamentary elections

 (3) A person commits an offence if the person urges another person to interfere by force or violence with lawful processes for an election of a member or members of a House of the Parliament.

Penalty: Imprisonment for 7 years.

 (4) Recklessness applies to the element of the offence under subsection (3) that it is lawful processes for an election of a member or members of a House of the Parliament that the first‑mentioned person urges the other person to interfere with.

Urging violence within the community

 (5) A person commits an offence if:
 (a) the person urges a group or groups (whether distinguished by race, religion, nationality or political opinion) to use force or violence against another group or other groups (as so distinguished); and
 (b) the use of the force or violence would threaten the peace, order and good government of the Commonwealth.

Penalty: Imprisonment for 7 years.

 (6) Recklessness applies to the element of the offence under subsection (5) that it is a group or groups that are distinguished by race, religion, nationality or political opinion that the first‑mentioned person urges the other person to use force or violence against.

Urging a person to assist the enemy

 (7) A person commits an offence if:
 (a) the person urges another person to engage in conduct; and
 (b) the first‑mentioned person intends the conduct to assist an organisation or country; and
 (c) the organisation or country is:
 (i) at war with the Commonwealth, whether or not the existence of a state of war has been declared; and
 (ii) specified by Proclamation made for the purpose of paragraph 80.1(1)(e) to be an enemy at war with the Commonwealth.

Penalty: Imprisonment for 7 years.

Urging a person to assist those engaged in armed hostilities

 (8) A person commits an offence if:
 (a) the person urges another person to engage in conduct; and
 (b) the first‑mentioned person intends the conduct to assist an organisation or