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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 are not guilty if you acted in ‘good faith’, which includes:
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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