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Hold Prime Minister Tony Abbott accountable for 'Subverting Society'.

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Tony Abbot should be the first person prosecuted under the new Counter-Terrorism legislation as a test case of 'Subverting Society'.

If you're not prepared to be judged by your own standards, you shouldn't be legislating for all Australians.

Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 (Cth), sch 1 item 110, cl 117.1(3).

Gilbert & Tobin Centre of Public Law explains:

Currently, s 6 of the Crimes (Foreign Incursions and Recruitment) Act 1978 (Cth) (Foreign Incursions Act) provides a maximum penalty of 20 years’ imprisonment where a person enters a foreign State with intent to engage in a hostile activity.37 Hostile activity is defined as including the overthrow of the government, armed hostilities and the unlawful destruction of property belonging to the foreign State.38 Section 7 provides a maximum penalty of 10 years’ imprisonment where a person does any act that is preparatory to that substantive offence.39

 

The Bill would repeal the Foreign Incursions Act and recreate these offences in the Criminal Code with some amendments. First, it would raise the penalty for both offences to a maximum of life imprisonment. It would also expand the definition of hostile activity to include ‘subverting society’.40

...

The definition of ‘subverting society’ would include the list of harms referred to in the definition of a ‘terrorist act’ in the Criminal Code (c)  and it would incorporate the same exemption for political advocacy and protest.45 However, the definition of ‘subverting society’ does not include other important elements in the definition of a ‘terrorist act’, namely, that an act is done or a threat is made with a particular intention (to influence a government by intimidation, or to intimidate a section of the public) and a particular motive (to advance a political, religious or ideological cause).46 In the absence of these additional requirements, some of the harms listed in the definition of terrorism would constitute much less serious offences (such as vandalism and assault).

Explanatory Memorandum, Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 (Cth), 7.

(40) Counter-Terrorism Legislation Amendment (Foreign Fighters) Bill 2014 (Cth), sch 1 item 110, cl 117.1(3).

(c) Criminal Code Act 1995 (Cth), s 100.1(1).

 



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