Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p22
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 22/44)
Character Range: 225779–228546

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 intentionally advocates for another person, or a group, to use force or violence against a group (the targeted group); and
 (b) the first person does so by causing damage to property; and
 (c) the first person does so reckless as to whether the force or violence will occur; and
 (d) the targeted group is distinguished by race, religion or ethnic origin.
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)(d) and (2)(d) is recklessness.
Note: For recklessness, see section 5.4.
 (4) For the purposes of paragraphs (1)(d) and (2)(d), the person may have in mind a combination of attributes mentioned in those paragraphs.

Alternative verdict
 (5) Subsection (6) 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).
 (6) 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.

Meaning of damage
 (7) In this section:
damage includes minor damage.
Example: An offensive slogan painted on a building (advocating the use of force or violence against Jews) is damage for the purposes of this section.

80.2C  Advocating terrorism
 (1) A person commits an offence if:
 (a) the person advocates:
 (i) the doing of a terrorist act; or
 (ii) the commission of a terrorism offence referred to in subsection (2); and
 (b) the person engages in that conduct reckless as to whether another person will:
 (i) engage in a terrorist act; or
 (ii) commit a terrorism offence referred to in subsection (2).
Note: There is a defence in section 80.3 for acts done in good faith.
Penalty:
 (a) if subparagraph (a)(i) of this subsection applies—imprisonment for 7 years; or
 (b) if subparagraph (a)(ii) of this subsection applies—imprisonment for 7 years or for the maximum term of imprisonment for the terrorism offence advocated, whichever is the lesser.
 (2) A terrorism offence is referred to in 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