Victorian Consolidated Legislation

Crimes Act 1958 - SECT 9A

Treason

9A. Treason





(1) A person who-

   (a)  kills the Sovereign, does the Sovereign any bodily harm tending to the
        death or destruction of the Sovereign or maims, wounds, imprisons or
        restrains the Sovereign;

   (b)  kills the eldest son and heir apparent, or the Consort, of the
        Sovereign;

   (c)  levies war, or does any act preparatory to levying war, against the
        Commonwealth of Australia;

   (d)  assists by any means whatever, with intent to assist, an enemy at war
        with the Commonwealth of Australia, whether or not the existence of a
        state of war has been declared;

   (e)  instigates a foreigner to make an armed invasion of the Commonwealth
        or any Territory not forming part of the Commonwealth; or

   (f)  forms an intention to do any act referred to in a preceding paragraph
        of this subsection and manifests that intention by an overt act-

shall be guilty of an indictable offence, called treason, and liable to-

   (g)  level 1 imprisonment (life); or









   (h)  imprisonment for such other term as is fixed by the court-









as the court determines.

(2) A person who-

   (a)  receives or assists another person who is to his knowledge guilty of
        treason in order to enable him to escape punishment; or

   (b)  knowing that a person intends to commit treason, does not give
        information thereof with all reasonable despatch to a constable or use
        other reasonable endeavours to prevent the commission of the offence-

shall be guilty of an indictable offence. Penalty: Level 3 imprisonment (20
years maximum).

(3) On the trial of a person charged with treason on the ground that he formed
an intention to do an act referred to in paragraph (a), (b), (c), (d) or (e)
of subsection (1) of this section and manifested that intention by an overt
act, evidence of the overt act shall not be admitted unless the overt act was
alleged in the indictment.





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(4) Offences against the person