Document ID: chunk:federal_register_of_legislation:C2015C00568:clause:1_61
Version: federal_register_of_legislation:C2015C00568
Segment Type: clause
Provision Reference: sch 1 cl 61
Character Range: 104177–106162

61  At the end of Subdivision C of Division 80 of the Criminal Code
Add:

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: Imprisonment for 5 years.
 (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 relates to a terrorism offence; or
 (ii) a terrorism offence that a person is taken to have committed because of section 11.2 (complicity and common purpose), 11.2A (joint commission) or 11.3 (commission by proxy).

Definitions
 (3) In this section:
advocates: a person advocates the doing of a terrorist act or the commission of a terrorism offence if the person counsels, promotes, encourages or urges the doing of a terrorist act or the commission of a terrorism offence.
terrorism offence has the same meaning as in subsection 3(1) of the Crimes Act 1914.
terrorist act has the same meaning as in section 100.1.
 (4) A reference in this section to advocating the doing of a terrorist act or the commission of a terrorism offence includes a reference to:
 (a) advocating the doing of a terrorist act or the commission of a terrorism offence, even if a terrorist act or terrorism offence does not occur; and
 (b) advocating the doing of a specific terrorist act or the commission of a specific terrorism offence; and
 (c) advocating the doing of more than one terrorist act or the commission of more than one terrorism offence.