Sedition
Section 80.2 of the Criminal Code provides sedition offences which are concerned with intentionally urging:
- the overthrow of the Constitution or Government by violence;
- violent interference with elections;
- violence against other groups (whether distinguished by race, religion, nationality or political opinion) in the community threatening the peace and good Government of Australia; and
- the assistance of an enemy engaged in armed hostilities with the Australian Defence Force.
To prove a sedition offence, the prosecution must prove beyond a reasonable doubt that a person intended to urge the use of force or violence, or intended to assist an enemy of Australia. There is a defence of good faith in section 80.3 of the Criminal Code which applies where the communication is merely about criticising government policy or publishing reports or commentary on public interest matters.
On 2 March 2006, the Attorney-General announced that the Australian Law Reform Commission (ALRC) would review Schedule 7 of the Anti-Terrorism Act (No. 2) 2005 (ATA) which contains the revised sedition offence provisions. The review followed an undertaking to refer those provisions to the ALRC during the parliamentary debate on the ATA in late 2005. The ALRC Report was tabled on 13 September 2006.