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New South Wales act
This Act makes inciting, urging, aiding or encouraging criminal activity a punishable offence and separately criminalises printing or publishing writings that do the same, exposing both speakers and publishers to prosecution and short-term penalties. It also provides summary sentencing where no penalty is specified and allows prosecutors to choose this Act or other laws for the same conduct while preventing double punishment.
It matters because it shifts legal risk onto individuals and publishers, creating compliance incentives and placing evidentiary burdens on prosecutors and courts.
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Direct links to the current provisions in Crimes Prevention Act 1916.
2 Inciting to crimes
If any person incites to, urges, aids, or encourages the commission of crimes or the carrying on of any operations for or by the commission of crimes that person shall be guilty of an offence against this Act.
3 Printing or publishing writing inciting to crimes
If any person prints or publishes any writing which incites to, urges, aids, or encourages the commission of crimes or the carrying on of any operations for or by the commission of crimes, such person shall be guilty of an offence against this Act, and shall be liable to imprisonment for any term not exceeding six months or to a penalty not exceeding 1 penalty unit.
s 3: Am 1965 No 33, sec 4 (2); 1993 No 47, Sch 1.
4 Penalty for offences
If any person is guilty of an offence against this Act for which a penalty is not otherwise provided that person shall be liable on summary conviction before the Local Court to imprisonment for any term not exceeding six months.
s 4: Am 1999 No 31, Sch 4.21; 2007 No 94, Sch 2.
5 Where offence punishable otherwise
Where an offence against this Act is also punishable under any other Act or at common law, it may be prosecuted and punished either under this Act or under the other Act or at common law, but so that no person be punished twice for the same offence.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
This Act may be cited as the Crimes Prevention Act 1916.
2 Inciting to crimes
If any person incites to, urges, aids, or encourages the commission of crimes or the carrying on of any operations for or by the commission of crimes that person shall be guilty of an offence against this Act.
3 Printing or publishing writing inciting to crimes
If any person prints or publishes any writing which incites to, urges, aids, or encourages the commission of crimes or the carrying on of any operations for or by the commission of crimes, such person shall be guilty of an offence against this Act, and shall be liable to imprisonment for any term not exceeding six months or to a penalty not exceeding 1 penalty unit.
s 3: Am 1965 No 33, sec 4 (2); 1993 No 47, Sch 1.
4 Penalty for offences
If any person is guilty of an offence against this Act for which a penalty is not otherwise provided that person shall be liable on summary conviction before the Local Court to imprisonment for any term not exceeding six months.
s 4: Am 1999 No 31, Sch 4.21; 2007 No 94, Sch 2.
5 Where offence punishable otherwise
Where an offence against this Act is also punishable under any other Act or at common law, it may be prosecuted and punished either under this Act or under the other Act or at common law, but so that no person be punished twice for the same offence.