Urging violence against the Constitution etc
80.2 Urging violence against the Constitution etc
Urging the overthrow of the Constitution or Government by force or violence
A person (the first person) commits an offence if:
the first person intentionally urges another person to overthrow by force or violence:
the Constitution; or
the Government of the Commonwealth, of a State or of a Territory; or
the lawful authority of the Government of the Commonwealth; and
the first person does so intending that force or violence will occur.
Penalty: Imprisonment for 7 years.
For intention, see section 5.2.
Recklessness applies to the element of the offence under subsection (1) that it is:
the Constitution; or
the Government of the Commonwealth, a State or a Territory; or
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
A person (the first person) commits an offence if:
the first person intentionally urges another person to interfere, by force or violence, with lawful processes for:
an election of a member or members of a House of the Parliament; or
a referendum; and
the first person does so intending that force or violence will occur.
Penalty: Imprisonment for 7 years.
For intention, see section 5.2.
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.
There is a defence in section 80.3 for acts done in good faith.
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