Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:1_4:p1
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/4)
Character Range: 26526–29362

4                     section 82.7 (introducing vulnerability with intention as to national security)             section 82.8 (introducing vulnerability reckless as to national security)

 (2) Subsection (1) only applies if the person has been accorded procedural fairness in relation to the finding of guilt for the offence specified in column 2.

82.13  Consent of Attorney‑General required for prosecutions

 (1) Proceedings for the commitment of a person for trial for an offence against this Division must not be instituted without the written consent of the Attorney‑General.

 (2) However, the following steps may be taken (but no further steps in proceedings may be taken) without consent having been given:
 (a) a person may be arrested for the offence and a warrant for such an arrest may be issued and executed;
 (b) a person may be charged with the offence;
 (c) a person so charged may be remanded in custody or on bail.

 (3) Nothing in subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time.

 (4) In deciding whether to consent, the Attorney‑General must consider whether the conduct might be authorised by section 82.10.

Division 83—Other threats to security

83.1A  Expressions also used in the Australian Security Intelligence Organisation Act 1979
  The meaning of an expression in this Division does not affect the meaning of that expression in the Australian Security Intelligence Organisation Act 1979, unless that Act expressly provides otherwise.

83.1  Advocating mutiny

 (1) A person (the advocate) commits an offence if:
 (a) the advocate engages in conduct; and
 (b) the conduct involves advocating mutiny; and
 (c) the advocate engages in the conduct reckless as to whether the result will be that a defence member (within the meaning of the Defence Force Discipline Act 1982) will take part in a mutiny; and
 (d) at the time the advocate engages in the conduct:
 (i) the advocate knows that the advocate is an Australian citizen or a resident of Australia; or
 (ii) the advocate knows that the advocate has voluntarily put himself or herself under the protection of the Commonwealth; or
 (iii) the advocate is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.
Note: The defence in section 80.3 for acts done in good faith applies to this offence.

            Penalty: Imprisonment for 7 years.
 (1A) For the purposes of this section:
 (a) a person advocates mutiny if the person counsels, promotes, encourages or urges mutiny; and
 (b) a reference to advocating mutiny includes a reference to:
 (i) advocating mutiny even if mutiny does not occur; and
 (ii) advocating a specific mutiny; and
 (iii) advocating more than one mutiny.

 (2) A mutiny is a combination between persons who are, or at