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Publicly threatening or inciting violence is an offence under section 93Z of the Crimes Act 1900, which carries a maximum penalty of 3 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
A ‘public act’ includes:
An act may be public even if it originates or occurs on private land.
‘Race’ includes colour, nationality, descent and ethnic, ethno-religious or national origin.
‘Religious belief or affiliation’ means holding or not holding a religious belief or view.
‘Sexual orientation’ means a person’s sexual orientation towards:
‘Gender identity’ means the gender related identity, appearances, mannerisms or other gender related characteristics of a person without regard to the person’s designated sex at birth.
‘Intersex status’ means the status of having physical, hormonal or genetic features that are:
‘Violence’ includes violence towards persons as well as property.
To establish your guilt, the prosecution does not need to prove that:
Proceedings for the offence can only be commenced with the approval of the DPP.
Defences to the charge include:
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