Criminal Code Act 1983

(1) A person who urges the commission of an offence is guilty of the offence of incitement.

(2) For the person to be guilty, the person must intend that the offence incited be committed.

(4) A person may be found guilty even if committing the offence incited is impossible.

(5) Any defences, procedures, limitations or qualifying provisions that apply to an offence apply also to the offence of incitement in relation to that offence.

(6) Any special liability provisions that apply to an offence apply also to the offence of incitement in relation to that offence.

(7) It is not an offence to incite the commission of an offence against section 43BF, this section or section 43BJ.

Maximum penalty:

(a) if the offence incited is punishable by life imprisonment – imprisonment for 10 years; or

(b) if the offence incited is punishable by imprisonment for 14 years or more, but is not punishable by life imprisonment – imprisonment for 7 years; or

(c) if the offence incited is punishable by imprisonment for 10 years or more, but is not punishable by imprisonment for 14 years or more – imprisonment for 5 years; or

(d) if the offence is otherwise punishable by imprisonment – imprisonment for 3 years or for the maximum term of imprisonment for the offence incited, whichever is the lesser; or

(e) if the offence incited is not punishable by imprisonment – the number of penalty units equal to the maximum number of penalty units applicable to the offence incited.