Interfering With Political Rights and Duties
Interfering with political rights and duties is an offence under section 83.4 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 3 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You engaged in conduct involving the use of force, violence, intimidation or threats
- Your conduct resulted in interference with the exercise or performance of an Australian democratic or political right or duty
- The person who’s right or duty was interfered with was in Australia, and
- The right or duty arose under the constitution or a law of the Commonwealth.
You are not guilty if you acted in ‘good faith’, which includes:
- Trying to show that the sovereign, governor-general, state governor, territory administrator or their advisers were mistaken in their ‘counsels, policies or actions’
- Pointing out errors or defects in government, the constitution, legislation, or the administration of justice to correct them, or
- Attempting to lawfully make a change to a policy, practice or law.
The onus is on you to establish that defence ‘on the balance of probabilities’.
Proceedings for the offence cannot be commenced without the Attorney-General’s consent.
Defences to the charge include duress and self-defence.
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