(2) For the purposes of this Subdivision, a person is taken to make a false travel or identity document if the person alters a document so as to make it a false travel or identity document (whether or not it was already a false travel or identity document before the alteration).
(3) This section has effect as if a document that purports to be a true copy of another document were the original document.
73.8 Making, providing or possessing a false travel or identity document
A person (the first person) commits an offence if:
(a) the first person makes, provides or possesses a false travel or identity document; and
(b) the first person intends that the document will be used to facilitate the entry of another person (the other person) into a foreign country, where the entry of the other person into the foreign country would not comply with the requirements under that country’s law for entry into the country; and
(c) the first person made, provided or possessed the document:
(i) having obtained (whether directly or indirectly) a benefit to do so; or
(ii) with the intention of obtaining (whether directly or indirectly) a benefit.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
73.9 Providing or possessing a travel or identity document issued or altered dishonestly or as a result of threats
(1) A person (the first person) commits an offence if:
(a) the first person provides or possesses a travel or identity document; and
(b) the first person knows that:
(i) the issue of the travel or identity document; or
(ii) an alteration of the travel or identity document;
has been obtained dishonestly or by threats; and
(c) the first person intends that the document will be used to facilitate the entry of another person (the other person) into a foreign country, where the entry of the other person into the foreign country would not comply with the requirements under that country’s law for entry into the country; and
(d) the first person provided or possessed the document:
(i) having obtained (whether directly or indirectly) a benefit to do so; or
(ii) with the intention of obtaining (whether directly or indirectly) a benefit.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
(2) For the purposes of subsection (1), a threat may be:
(a) express or implied; or
(b) conditional or unconditional.
(3) For the purposes of subsection (1), dishonest means:
(a) dishonest according to the standards of ordinary people; and
(b) known by the defendant to be dishonest according to the standards of ordinary people.
(4) In a prosecution for an offence against this section, the determination of dishonesty is a matter for the trier of fact.
73.10 Providing or possessing a travel or identity document to be used by a person who is not the rightful user
A person (the first person) commits an offence if:
(a) the first person provides or possesses a travel or identity document; and
(b) the first person intends that the document will be used to facilitate the entry of another person (the other person) into a foreign country, where the entry of the other person into the foreign country would not comply with the requirements under that country’s law for entry into the country; and
(c) the first person knows that the other person is not the person to whom the document applies; and
(d) the first person provided or possessed the document:
(i) having obtained (whether directly or indirectly) a benefit to do so; or
(ii) with the intention of obtaining (whether directly or indirectly) a benefit.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
73.11 Taking possession of or destroying another person’s travel or identity document
A person (the first person) commits an offence if:
(a) the first person takes possession of, or destroys, a travel or identity document that applies to another person (the other person); and
(b) the first person does so intending to conceal the other person’s identity or nationality; and
(c) at the time of doing so, the first person intends to organise or facilitate the entry of the other person into a foreign country:
(i) having obtained, or with the intention of obtaining, whether directly or indirectly, a benefit to organise or facilitate that entry; and
(ii) where the entry of the other person into the foreign country would not comply with the requirements under that country’s law for entry into the country.
Penalty: Imprisonment for 10 years or 1,000 penalty units, or both.
73.12 Jurisdictional requirement
Section 15.2 (extended geographical jurisdiction—category B) applies to an offence against this Subdivision.
Chapter 5—The security of the Commonwealth
Part 5.1—Treason and related offences
Division 80—Treason, urging or threatening violence, offences against groups or members of groups, advocating terrorism or genocide, and prohibited symbols and Nazi salute
Subdivision A—Preliminary
80.1A Definitions
In this Division:
carer or assistant has the same meaning as in the Disability Discrimination Act 1992.
close associate of a person means:
(a) in any case—a close family member of the person; or
(b) if the person is a person with a disability—a carer or assistant in relation to the person.
close family member has the same meaning as in Division 102.
damage does not include minor damage.
disability has the same meaning as in the Disability Discrimination Act 1992.
organisation means:
(a) a body corporate; or
(b) an unincorporated body;
whether or not the body is based outside Australia, consists of persons who are not Australian citizens, or is part of a larger organisation.
party includes a person, body or group of any kind.
80.1AAA Expressions also used in the Australian Security Intelligence Organisation Act 1979
The meaning of an expression in this Division does not affect the meaning of that expression in the Australian Security Intelligence Organisation Act 1979, unless that Act expressly provides otherwise.
Subdivision B—Treason
80.1 Treason
(1) A person commits an offence if the person:
(a) causes the death of the Sovereign, the heir apparent of the Sovereign, the consort of the Sovereign, the Governor‑General or the Prime Minister; or
(b) causes harm to the Sovereign, the Governor‑General or the Prime Minister resulting in the death of the Sovereign, the Governor‑General or the Prime Minister; or
(c) causes harm to the Sovereign, the Governor‑General or the Prime Minister, or imprisons or restrains the Sovereign, the Governor‑General or the Prime Minister; or
(d) levies war, or does any act preparatory to levying war, against the Commonwealth; or
(g) instigates a person who is not an Australian citizen to make an armed invasion of the Commonwealth or a Territory of the Commonwealth.
Penalty: Imprisonment for life.
(2) A person commits an offence if the person:
(a) receives or assists another person who, to his or her knowledge, has committed an offence against this Subdivision (other than this subsection) with the intention of allowing him or her to escape punishment or apprehension; or
(b) knowing that another person intends to commit an offence against this Subdivision (other than this subsection), does not inform a constable of it within a reasonable time or use other reasonable endeavours to prevent the commission of the offence.
Penalty: Imprisonment for life.
(8) In this section:
constable means a member or special member of the Australian Federal Police or a member of the police force or police service of a State or Territory.
80.1AA Treason—assisting enemy to engage in armed conflict
(1) A person commits an offence if:
(a) a party (the enemy) is engaged in armed conflict involving the Commonwealth or the Australian Defence Force; and
(b) the enemy is declared in a Proclamation made under section 80.1AB; and
(c) the person engages in conduct; and
(d) the person intends that the conduct will materially assist the enemy to engage in armed conflict involving the Commonwealth or the Australian Defence Force; and
(e) the conduct materially assists the enemy to engage in armed conflict involving the Commonwealth or the Australian Defence Force; and
(f) at the time the person engages in the conduct:
(i) the person knows that the person is an Australian citizen or a resident of Australia; or
(ii) the person knows that the person has voluntarily put himself or herself under the protection of the Commonwealth; or
(iii) the person is a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.
Note 1: There is a defence in section 80.3 for acts done in good faith.
Note 2: If a body corporate is convicted of an offence against subsection (1), subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 10,000 penalty units.
Penalty: Imprisonment for life.
(2) Strict liability applies to paragraph (1)(b) and subparagraph (1)(f)(iii).
(3) Absolute liability applies to paragraph (1)(e).
(4) Subsection (1) does not apply to engagement in conduct solely by way of, or for the purposes of, the provision of aid or assistance of a humanitarian nature.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
80.1AB Proclamation of enemy engaged in armed conflict
The Governor‑General may, by Proclamation, declare a party to be an enemy engaged in armed conflict involving the Commonwealth or the Australian Defence Force.
Note: See subsection 80.1AA(1) for the effect of the Proclamation.
80.1AC Treachery
A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct involves the use of force or violence; and
(c) the person engages in the conduct with the intention of overthrowing:
(i) the Constitution; or
(ii) the Government of the Commonwealth, of a State or of a Territory; or
(iii) the lawful authority of the Government of the Commonwealth.
Note 1: There is a defence in section 80.3 for acts done in good faith.
Note 2: If a body corporate is convicted of an offence against subsection (1), subsection 4B(3) of the Crimes Act 1914 allows a court to impose a fine of up to 10,000 penalty units.
Penalty: Imprisonment for life.
Subdivision C—Urging or threatening violence, offences against groups or members of groups and advocating terrorism or genocide
80.2 Urging violence against the Constitution etc.
Urging the overthrow of the Constitution or Government by force or violence
(1) A person (the first person) commits an offence if:
(a) the first person intentionally urges another person to overthrow by force or violence:
(i) the Constitution; or
(ii) the Government of the Commonwealth, of a State or of a Territory; or
(iii) the lawful authority of the Government of the Commonwealth; and
(b) the first person does so intending that force or violence will occur.
Penalty: Imprisonment for 7 years.
Note: For intention, see section 5.2.
(2) Recklessness applies to the element of the offence under subsection (1) that it is:
(a) the Constitution; or
(b) the Government of the Commonwealth, a State or a Territory; or
(c) the lawful authority of the Government of the Commonwealth;
that the first person urges the other person to overthrow.
Urging interference in Parliamentary elections or constitutional referenda by force or violence
(3) A person (the first person) commits an offence if:
(a) the first person intentionally urges another person to interfere, by force or violence, with lawful processes for:
(i) an election of a member or members of a House of the Parliament; or
(ii) a referendum; and
(b) the first person does so intending that force or violence will occur.
Penalty: Imprisonment for 7 years.
Note: For intention, see section 5.2.
(4) Recklessness applies to the element of the offence under subsection (3) that it is lawful processes for an election of a member or members of a House of the Parliament, or for a referendum, that the first person urges the other person to interfere with.
Note: There is a defence in section 80.3 for acts done in good faith.
80.2A Advocating force or violence against groups
Offences
(1) A person (the first person) commits an offence if:
(a) the first person advocates the use of force or violence against a group (the targeted group); and
(b) the first person does so reckless as to whether force or violence will occur; and
(c) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and
(d) the use of the force or violence would threaten the peace, order and good government of the Commonwealth.
Note 1: For intention, see section 5.2. For recklessness, see section 5.4.
Note 2: A person might commit an aggravated offence if the person is a religious official or other spiritual leader etc. (see section 80.2DA) or the recipient of the advocacy is less than 18 years old (see section 80.2DB).
Penalty: Imprisonment for 10 years.
(2) A person (the first person) commits an offence if:
(a) the first person advocates the use of force or violence against a group (the targeted group); and
(b) the first person does so reckless as to whether force or violence will occur; and
(c) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion.
Note 1: For intention, see section 5.2. For recklessness, see section 5.4.
Note 2: A person might commit an aggravated offence if the person is a religious official or other spiritual leader etc. (see section 80.2DA) or the recipient of the advocacy is less than 18 years old (see section 80.2DB).
Penalty: Imprisonment for 7 years.
(3) The fault element for paragraphs (1)(c) and (2)(c) is recklessness.
Note: For recklessness, see section 5.4.
(3A) For the purposes of paragraphs (1)(c) and (2)(c), the person may have in mind a combination of attributes mentioned in those paragraphs.
Alternative verdict
(4) Subsection (5) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
(a) is not satisfied that the defendant is guilty of the offence; but
(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).
(5) The trier of fact may find the defendant not guilty of the prosecuted offence but guilty of the alternative offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.
Definitions
(6) In this section:
advocate means counsel, promote, encourage or urge.
80.2B Advocating force or violence against members of groups or close associates
Offences
(1) A person (the first person) commits an offence if:
(a) the first person advocates the use of force or violence against a person (the targeted person); and
(b) the first person does so reckless as to whether force or violence will occur; and
(c) the first person does so because of the first person’s belief that the targeted person is:
(i) a member of a group (the targeted group); or
(ii) a close associate of a member of a group (the targeted group); and
(d) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and
(e) the use of the force or violence would threaten the peace, order and good government of the Commonwealth.
Note 1: For intention, see section 5.2. For recklessness, see section 5.4.
Note 2: A person might commit an aggravated offence if the person is a religious official or other spiritual leader etc. (see section 80.2DA) or the recipient of the advocacy is less than 18 years old (see section 80.2DB).
Penalty: Imprisonment for 10 years.
(2) A person (the first person) commits an offence if:
(a) the first person advocates the use of force or violence against a person (the targeted person); and
(b) the first person does so reckless as to whether force or violence will occur; and
(c) the first person does so because of the first person’s belief that the targeted person is:
(i) a member of a group (the targeted group); or
(ii) a close associate of a member of a group (the targeted group); and
(d) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion.
Note 1: For intention, see section 5.2. For recklessness, see section 5.4.
Note 2: A person might commit an aggravated offence if the person is a religious official or other spiritual leader etc. (see section 80.2DA) or the recipient of the advocacy is less than 18 years old (see section 80.2DB).
Penalty: Imprisonment for 7 years.
(3) For the purposes of paragraphs (1)(c) and (2)(c), it is immaterial whether the targeted person:
(a) actually is a member of the targeted group; or
(b) actually is a close associate of a member of the targeted group.
(4) The fault element for paragraphs (1)(d) and (2)(d) is recklessness.
Note: For recklessness, see section 5.4.
(4A) For the purposes of paragraphs (1)(d) and (2)(d), the person may have in mind a combination of attributes mentioned in those paragraphs.
Alternative verdict
(5) Subsection (6) applies if, in a prosecution for an offence (the prosecuted offence) against subsection (1), the trier of fact:
(a) is not satisfied that the defendant is guilty of the offence; but
(b) is satisfied beyond reasonable doubt that the defendant is guilty of an offence (the alternative offence) against subsection (2).