Document ID: chunk:federal_register_of_legislation:C2004C01314:clause:1_2:p1
Version: federal_register_of_legislation:C2004C01314
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 1/2)
Character Range: 11182–13901

2  The Schedule (Chapter 5 of the Criminal Code)
Insert in the appropriate numerical position:

Part 5.1—Treason

Division 80—Treason

80.1  Treason

 (1) A person commits an offence, called treason, if the person:
 (a) causes the death of the Sovereign, the heir apparent of the Sovereign, the consort of the Sovereign, the Governor‑General or the Prime Minister; or
 (b) causes harm to the Sovereign, the Governor‑General or the Prime Minister resulting in the death of the Sovereign, the Governor‑General or the Prime Minister; or
 (c) causes harm to the Sovereign, the Governor‑General or the Prime Minister, or imprisons or restrains the Sovereign, the Governor‑General or the Prime Minister; or
 (d) levies war, or does any act preparatory to levying war, against the Commonwealth; or
 (e) engages in conduct that assists by any means whatever, with intent to assist, an enemy:
 (i) at war with the Commonwealth, whether or not the existence of a state of war has been declared; and
 (ii) specified by Proclamation made for the purpose of this paragraph to be an enemy at war with the Commonwealth; or
 (f) engages in conduct that assists by any means whatever, with intent to assist:
 (i) another country; or
 (ii) an organisation;
  that is engaged in armed hostilities against the Australian Defence Force; or
 (g) instigates a person who is not an Australian citizen to make an armed invasion of the Commonwealth or a Territory of the Commonwealth; or
 (h) forms an intention to do any act referred to in a preceding paragraph and manifests that intention by an overt act.

Penalty: Imprisonment for life.

 (1A) Paragraphs (1)(e) and (f) do not apply to engagement in conduct by way of, or for the purposes of, the provision of aid of a humanitarian nature.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3).

 (1B) Paragraph (1)(h) does not apply to formation of an intention to engage in conduct that:
 (a) is referred to in paragraph (1)(e) or (f); and
 (b) is by way of, or for the purposes of, the provision of aid of a humanitarian nature.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3).

 (2) A person commits an offence if the person:
 (a) receives or assists another person who, to his or her knowledge, has committed treason with the intention of allowing him or her to escape punishment or apprehension; or
 (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