Document ID: chunk:federal_register_of_legislation:C2004C01314:clause:1_2:p2
Version: federal_register_of_legislation:C2004C01314
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 2/2)
Character Range: 13649–15421

(b) knowing that another person intends to commit treason, does not inform a constable of it within a reasonable time or use other reasonable endeavours to prevent the commission of the offence.

Penalty: Imprisonment for life.

 (3) Proceedings for an offence against this section must not be commenced without the Attorney‑General's written consent.

 (4) Despite subsection (3):
 (a) a person may be arrested for an offence against this section; or
 (b) a warrant for the arrest of a person for such an offence may be issued and executed;
and the person may be charged, and may be remanded in custody or on bail, but:
 (c) no further proceedings may be taken until that consent has been obtained; and
 (d) the person must be discharged if proceedings are not continued within a reasonable time.

 (5) On the trial of a person charged with treason on the ground that he or she formed an intention to do an act referred to in paragraph (1)(a), (b), (c), (d), (e), (f) or (g) and manifested that intention by an overt act, evidence of the overt act is not to be admitted unless the overt act is alleged in the indictment.

 (6) Section 24F of the Crimes Act 1914 applies to this section in the same way it would if this section were a provision of Part II of that Act.

 (7) Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this section.

 (8) In this section:

constable means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory.

organisation means:
 (a) a body corporate; or
 (b) an unincorporated body;
whether or not the body is based outside Australia, consists of persons who are not Australian citizens, or is part of a larger organisation.