Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p13
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 13/44)
Character Range: 203521–206308

in armed conflict

  The Governor‑General may, by Proclamation, declare a party to be an enemy engaged in armed conflict involving the Commonwealth or the Australian Defence Force.
Note: See subsection 80.1AA(1) for the effect of the Proclamation.

80.1AC  Treachery

  A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct involves the use of force or violence; and
 (c) the person engages in the conduct with the intention of overthrowing:
 (i) the Constitution; or
 (ii) the Government of the Commonwealth, of a State or of a Territory; or
 (iii) the lawful authority of the Government of the Commonwealth.

            Note 1: There is a defence in section 80.3 for acts done in good faith.

            Note 2: If a body corporate is convicted of an offence against subsection (1), subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 10,000 penalty units.

            Penalty: Imprisonment for life.

Subdivision C—Urging or threatening violence, offences against groups or members of groups and advocating terrorism or genocide

80.2  Urging violence against the Constitution etc.

Urging the overthrow of the Constitution or Government by force or violence
 (1) A person (the first person) commits an offence if:
 (a) the first person intentionally urges another person to overthrow by force or violence:
 (i) the Constitution; or
 (ii) the Government of the Commonwealth, of a State or of a Territory; or
 (iii) the lawful authority of the Government of the Commonwealth; and
 (b) the first person does so intending that force or violence will occur.
Penalty: Imprisonment for 7 years.
Note: For intention, see section 5.2.
 (2) Recklessness applies to the element of the offence under subsection (1) that it is:
 (a) the Constitution; or
 (b) the Government of the Commonwealth, a State or a Territory; or
 (c) the lawful authority of the Government of the Commonwealth;
that the first person urges the other person to overthrow.

Urging interference in Parliamentary elections or constitutional referenda by force or violence
 (3) A person (the first person) commits an offence if:
 (a) the first person intentionally urges another person to interfere, by force or violence, with lawful processes for:
 (i) an election of a member or members of a House of the Parliament; or
 (ii) a referendum; and
 (b) the first person does so intending that force or violence will occur.
Penalty: Imprisonment for 7 years.
Note: For intention, see section 5.2.
 (4) Recklessness applies to the element of the offence under subsection (3) that it is lawful processes for an election of a member or members of a House of the Parliament, or for a referendum, that the first person urges the other person to interfere with.
Note: