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CRIMES ACT 1914 SECT 24AB
24AB Sabotage
- (1)
- In this section:
act of sabotage means the destruction, damage or
impairment, with the intention of prejudicing the safety
or defence of the Commonwealth, of any article:
- (a)
- that is used, or intended to be used, by the Defence
Force or a part of the Defence Force or is used, or
intended to be used, in the Commonwealth or a
Territory not forming part of the Commonwealth, by the
armed forces of a country that is a proclaimed country
for the purposes of section 24AA;
- (b)
- that is used, or intended to be used, in or in
connexion with the manufacture, investigation or
testing of weapons or apparatus of war;
- (c)
- that is used, or intended to be used, for any
purpose that relates directly to the defence of the
Commonwealth; or
- (d)
- that is in or forms part of a place that is a
prohibited place within the meaning of section 80.
article includes any thing, substance or material.
- (2)
- A person who:
- (a)
- carries out an act of sabotage; or
- (b)
- has in his possession any article that is capable of
use, and which he intends for use, in carrying out an
act of sabotage;
shall be guilty of an indictable offence.
Penalty: Imprisonment for 15 years.
- (3)
- On a prosecution under this section it is not necessary
to show that the accused person was guilty of a particular
act tending to show an intention to prejudice the safety
or defence of the Commonwealth and, notwithstanding that
such an act is not proved against him, he may be convicted
if, from the circumstances of the case, from his conduct
or from his known character as proved, it appears that his
intention was to prejudice the safety or defence of the
Commonwealth.
- (4)
- On a prosecution under this section, evidence is not
admissible by virtue of subsection (3) if the
magistrate exercising jurisdiction with respect to the
examination and commitment for trial of the defendant, or
the judge presiding at the trial, as the case may be, is
of the opinion that that evidence:
- (a)
- would not tend to show that the defendant intended
to prejudice the safety or defence of the
Commonwealth; or
- (b)
- would, having regard to all the circumstances of the
case and notwithstanding subsection (5),
prejudice the fair trial of the defendant.
- (5)
- If evidence referred to in subsection (4) is
admitted at the trial, the judge shall direct the jury
that the evidence may be taken into account by the jury
only on the question whether the defendant intended to
prejudice the safety or defence of the Commonwealth and
must be disregarded by the jury in relation to any other
question.
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