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Thursday, December 08, 2005 

Amendments to Seditions Provisions

The amendments to the Anti-Terrorism Bill have been posted. The amendments that affect the sedition provisions are as follows. We will soon post a legal opinion on these amendments. The review of the Sedition provisions will be conducted in the new year by the Australian Law Reform Commission. Any submissions by the Arts community to that review will be posted here so please keep checking in.

(68) Schedule 7, item 4, page 109 (line 14), after “an intention”, insert “to use force or violence”.

(69) Schedule 7, item 12, page 111 (line 11), omit subsection 80.2(2), substitute:

(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-mentioned person urges the other person to overthrow.

(70) Schedule 7, item 12, page 112 (lines 6 and 7), omit “, by any means whatever,”.

(71) Schedule 7, item 12, page 112 (lines 18 and 19), omit “, by any means whatever,”.

(72) Schedule 7, item 12, page 113 (after line 29), at the end of subsection 80.3(1) (before the note), add: ; or (f) publishes in good faith a report or commentary about a matter of public interest.

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