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Advocating Mutiny

Advocating Mutiny is an offence under section 83.1 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:

  1. You engaged in conduct
  2. Your conduct involved advocating a mutiny
  3. You were reckless as to whether your conduct would result in a member of the Australian Defence Force (ADF) taking part in a mutiny, and
  4. You knew you were an Australian resident or citizen at the time of your conduct, or you knew you voluntarily put yourself under the protection of the Commonwealth, or you were a body corporate under a Commonwealth, State or Territory Law.

A ‘mutiny’ is conduct by persons, at least two of whom are members of the ADF, to:

  1. Overthrow lawful authority in the ADF or a force of another country acting with the ADF, or
  2. Resist lawful authority in the ADF so as to substantially prejudice its operational efficiency or the operational efficiency of another country acting with the ADF.

You ‘advocated’ a mutiny if you counselled, promoted, encouraged or urged it.

You may be found guilty even if a mutiny did not eventuate.

You were ‘reckless’ if you were aware there was a substantial risk that your conduct would result in mutiny and it was unjustifiable to take that risk, but you went ahead with your actions regardless.

Proceedings for the offence cannot be commenced without the Attorney-General’s consent

Defences to the charge include self-defence and duress.

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