Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p14
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 14/44)
Character Range: 206088–208883

the offence under subsection (3) that it is lawful processes for an election of a member or members of a House of the Parliament, or for a referendum, that the first person urges the other person to interfere with.
Note: There is a defence in section 80.3 for acts done in good faith.

80.2A  Advocating force or violence against groups

Offences
 (1) A person (the first person) commits an offence if:
 (a) the first person advocates the use of force or violence against a group (the targeted group); and
 (b) the first person does so reckless as to whether force or violence will occur; and
 (c) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and
 (d) the use of the force or violence would threaten the peace, order and good government of the Commonwealth.
Penalty: Imprisonment for 7 years.
Note: For intention, see section 5.2. For recklessness, see section 5.4.
 (2) A person (the first person) commits an offence if:
 (a) the first person advocates the use of force or violence against a group (the targeted group); and
 (b) the first person does so reckless as to whether force or violence will occur; and
 (c) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion.
Penalty: Imprisonment for 5 years.
Note: For intention, see section 5.2. For recklessness, see section 5.4.
 (3) The fault element for paragraphs (1)(c) and (2)(c) is recklessness.
Note: For recklessness, see section 5.4.
 (3A) For the purposes of paragraphs (1)(c) and (2)(c), the person may have in mind a combination of attributes mentioned in those paragraphs.

Alternative verdict
 (4) Subsection (5) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
 (a) is not satisfied that the defendant is guilty of the offence; but
 (b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).
 (5) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Definitions
 (6) In this section:
advocate means counsel, promote, encourage or urge.

80.2B  Advocating force or violence against members of groups or close associates

Offences
 (1) A person (the first person) commits an offence if:
 (a) the first person advocates the use of force or violence against a person (the targeted person); and
 (b) the first person does so reckless as to whether force or