Section 80.2C of the Criminal Code Act 1995 (Cth) is Advocating Terrorism and is extracted below. If you require Expert Legal
Advice from an Experienced Criminal Defence Lawyer for your Advocating Terrorism matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.
80.2C Advocating Terrorism
(1) A person commits an offence if:
(a) the person advocates:
(i) the doing of a terrorist act; or
(ii) the commission of a terrorism offence referred to in subsection (2); and
(b) the person engages in that conduct reckless as to whether another person will:
(i) engage in a terrorist act; or
(ii) commit a terrorism offence referred to in subsection (2).
Note: There is a defence in section 80.3 for acts done in good faith.
Penalty: Imprisonment for 5 years.
(2) A terrorism offence is referred to in this subsection if:
(a) the offence is punishable on conviction by imprisonment for 5 years or more; and
(b) the offence is not:
(i) an offence against section 11.1 (attempt), 11.4 (incitement) or 11.5 (conspiracy) to the extent that it relates to a terrorism offence; or
(ii) a terrorism offence that a person is taken to have committed because of section 11.2 (complicity and common purpose), 11.2A (joint commission) or 11.3 (commission by proxy).
(3) In this section:
“advocates” : a person advocates the doing of a terrorist act or the commission of a terrorism offence if the person counsels, promotes, encourages or urges the doing of a terrorist act or the commission of a terrorism offence.
“terrorism offence” has the same meaning as in subsection 3(1) of the Crimes Act 1914 .
“terrorist act” has the same meaning as in section 100.1.
(4) A reference in this section to advocating the doing of a terrorist act or the commission of a terrorism offence includes a reference to:
(a) advocating the doing of a terrorist act or the commission of a terrorism offence, even if a terrorist act or terrorism offence does not occur; and
(b) advocating the doing of a specific terrorist act or the commission of a specific terrorism offence; and
(c) advocating the doing of more than one terrorist act or the commission of more than one terrorism offence.
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