Criminal Code Act 1995

A person (the advocate) commits an offence if:

the advocate engages in conduct; and

the conduct involves advocating mutiny; and

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

at the time the advocate engages in the conduct:

the advocate knows that the advocate is an Australian citizen or a resident of Australia; or

the advocate knows that the advocate has voluntarily put himself or herself under the protection of the Commonwealth; or

the advocate is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

The defence in section 80.3 for acts done in good faith applies to this offence.

For the purposes of this section:

a person advocates mutiny if the person counsels, promotes, encourages or urges mutiny; and

a reference to advocating mutiny includes a reference to:

advocating mutiny even if mutiny does not occur; and

advocating a specific mutiny; and

advocating more than one mutiny.

A mutiny is a combination between persons who are, or at least 2 of whom are, members of the Australian Defence Force:

to overthrow lawful authority in the Australian Defence Force or in a force of another country that is acting in cooperation with the Australian Defence Force; or

to resist such lawful authority in such a manner as to substantially prejudice the operational efficiency of the Australian Defence Force or of, or of a part of, a force of another country that is acting in cooperation with the Australian Defence Force.

Strict liability applies to subparagraph (1)(d)(iii).

Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this section.