Section 80.2 Criminal Code Act | Urging Violence Against Constitution


Print
The Legislation

Section 80.2 of the Criminal Code Act 1995 (Cth) is Urging Violence Against Constitution and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Urging Violence Against Constitution matter, call Sydney Criminal Lawyers today on
(02) 9261 8881
.

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