Victorian Consolidated Legislation

Crimes Act 1958 - SECT 316

Unlawful oaths to commit treason, murder etc.

316. Unlawful oaths to commit treason, murder etc.





(1) Every person who-









   (a)  administers or is present at and consents to the administering of any
        oath or engagement in the nature of an oath purporting to bind the
        person who takes it to commit treason or murder; or

   (b)  takes any such oath or engagement not being compelled to do so; or

   (c)  induces or attempts to induce any person to take any such oath or
        engagement-

shall be guilty of an indictable offence, and shall be liable to level 5
imprisonment (10 years maximum).

(2) Every person who-

   (a)  administers or is present at and consents to the administering of any
        oath or engagement in the nature of an oath purporting to bind the
        person who takes it to act in any of the ways following (that is to
        say):-

   (i)  to engage in any mutinous or seditious enterprise;

   (ii) to commit any indictable offence other than treason or murder;

   (iii) to disturb the public peace;

   (iv) to be of any association society or confederacy formed for the purpose
        of doing any such act as aforesaid;

   (v)  to obey the order or commands of any committee or body of men not
        lawfully constituted or of any leader or commander or other person not
        having authority by law for that purpose;

   (vi) not to inform or give evidence against any associate confederate or
        other person;

   (vii) not to reveal or discover any unlawful association society or
        confederacy or any illegal act done or to be done or any illegal oath
        or engagement that may have been administered or tendered to or taken
        by himself or any other person or the import of any such oath or
        engagement; or

   (b)  takes any such oath or engagement not being compelled to do so; or

   (c)  induces or attempts to induce any person to take any such oath or
        engagement-

shall be guilty of an indictable offence, and shall be liable to level 6
imprisonment (5 years maximum).

(3) A person who takes any such oath or engagement as is mentioned in the last
two preceding subsections cannot set up as a defence that he was compelled to
do so unless within fourteen days after taking it or if he is prevented by
actual force or sickness within fourteen days after the termination of such
prevention he declares by information on oath before some member of the
Executive Council or a magistrate or if he is on actual service in Her
Majesty's forces by sea or land either by such information or by information
to his commanding officer the whole of what he knows concerning the matter,
including the person or persons by whom and in whose presence and the place
where and the time when the oath or engagement was administered or taken.

(4) A person who has been tried and convicted or acquitted on a charge of any
of the offences mentioned in this section shall not be afterwards prosecuted
upon the same facts for treason or for failing when he knows that any person
intends to commit treason to give information thereof with all reasonable
despatch to a magistrate or use other reasonable endeavours to prevent the
commission of the crime.

Division 8-Offences connected with explosive substances21