Advocating genocides an offence under section 80.2D of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 7 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
To ‘advocate’ is to counsel, promote, encourage or urge.
Offences of ‘genocide’ are contained in section 268 of the Act, and include:
You may be guilty of advocating genocide even if genocide did not result from your conduct.
You are not guilty if your conduct was in ‘good faith’, which includes:
The onus is on you to establish that defence ‘on the balance of probabilities’.
Other defences include:
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