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CRIMES ACT 1914 SECT 50DB
50DB Encouraging offence against this Part
- (1)
- A person contravenes this section if:
- (a)
- the person does an act, or makes an omission,
whether within or outside Australia, with the
intention of encouraging conduct of a kind that would
constitute an offence against this Part (other than
this section); and
- (b)
- the act or omission is reasonably capable of
encouraging such conduct;
whether or not that conduct in fact occurs.
Penalty: Imprisonment for 17 years.
- (1A)
- Absolute liability applies to paragraph (1)(b).
Note: For absolute liability , see section 6.2
of the Criminal Code .
- (1B)
- In a prosecution for an offence against subsection (1),
it is not necessary to prove that the defendant knew that
the conduct mentioned in paragraph (1)(a) would be of
a kind that would constitute an offence against this Part
(other than this section).
- (2)
- In this section:
encourage means:
- (a)
- encourage, incite to, or urge, by any means
whatever, for example, by written, electronic or other
form of communication; or
- (b)
- aid, facilitate, or contribute to, in any way
whatever.
- (3)
- These are examples of acts covered by paragraph (1)(b):
- (a)
- organising an arrangement that facilitates an
offence against this Part (other than this section);
- (b)
- assisting a person to travel outside Australia in
order to commit an act that would constitute an
offence against Division 2;
- (c)
- advertising an offer so to assist a person or an
arrangement for so assisting a person.
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