Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) If a person urges the commission of an offence (the offence incited ), the person commits the offence of incitement.
Maximum penalty:
(a) if the offence incited is punishable by life imprisonment—imprisonment for 10 years, 1 000 penalty units or both; or
(b) if the offence incited is punishable by imprisonment for 14 years or more (but not life imprisonment)—imprisonment for 7 years, 700 penalty units or both; or
(c) if the offence incited is punishable by imprisonment for 10 years or more (but less than 14 years)—imprisonment for 5 years, 500 penalty units or both; or
(d) if the offence incited is punishable by imprisonment for less than 10 years, either or both of the following:
(i) the lesser of the maximum term of imprisonment for the offence incited and imprisonment for 3 years;
(ii) 300 penalty units; or
(e) if the offence incited is not punishable by imprisonment—the number of penalty units equal to the maximum number of penalty units applying to the offence incited.
(2) However, the person commits the offence of incitement only if the person intends that the offence incited be committed.
(3) Despite subsection (2), any special liability provisions that apply to an offence apply also to the offence of incitement to commit the offence.
(4) A person may be found guilty of the offence of incitement even though it was impossible to commit the offence incited.
(5) Any defence, procedure, limitation or qualifying provision applying to an offence applies to the offence of incitement in relation to the offence.
(6) This section does not apply to an offence against section 44 (Attempt), section 48 (Conspiracy) or this section.