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Thursday, 17 November 1960

Clause 23.

Section twenty-four of the Principal Act is repealed and the following sections are inserted in its stead: - " 24. - (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 Queen Consort, of the Sovereign;

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

(d)   assists by any means whatever an enemy at war with the Commonwealth, 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 the punishment of death. " (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: Imprisonment for life. " (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 sub-section (1.) of this section and manifested that intention by an overt art, evidence of the overt act shall not be admitted unless the overt act was alleged in the indictment. " (4.) A sentence of death passed by a court in pursuance of this section shall be carried into execution in accordance with the law of the State or Territory in which the offender is convicted or, if the law of that State or Territory does not provide for the execution of sentences of death, in accordance with the directions of the GovernorGeneral. "24aa. - (1.) A person shall not -

(a)   do any act or thing in an attempt -

(i)   to overthrow the Constitution of the Commonwealth by revolution or sabotage; or

(ii)   to overthrow by force or violence the established government of the Commonwealth, of a State or of a proclaimed country; or

(b)   within the Commonwealth or a Territory not forming part of the Commonwealth -

(i)   levy war, or do any act preparatory to levying war, against a proclaimed country;

(ii)   assist by any means whatever an enemy of and at war with a proclaimed country, whether or not the existence of a state of war has been declared; or

(iii)   instigate a person to make an armed invasion of a proclaimed country. " (2.) Where a part of the Defence Force is on, or is proceeding to, service outside the Commonwealth and the Territories not forming part of the Commonwealth, a person shall not assist by any means whatever any persons against whom that part of the Defence Force, or a force that includes that part of the Defence Force, is or is likely to be opposed. " (3.) A person who contravenes a provision of this section shall be guilty of an indictable offence, called treachery.

Penalty: Imprisonment for life. " (4.) In this section, ' proclaimed country ' means a country declared by proclamation to be a proclaimed country for the purpose of this section, and includes -

(a)   a colony, overseas territory or protectorate of that country; and

(b)   a territory for the international relations of which that country is responsible. " (5.) A proclamation shall not be made for the purposes of the last preceding sub-section except in pursuance of a resolution of each House of the Parliament passed within the preceding period of twenty-one days. " 24ab. - (1.) In this section - act of sabotage ' means the destruction, damage or impairment, for a purpose prejudicial, or intended to be prejudicial, to 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 the last preceding section;

(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 eighty of this Act; 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 intendsfor use, in carrying out an act of sabotage, shall be guilty of an indictable offence.

Penalty: Imprisonment for fifteen 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 a. purpose prejudicial, or intended to be prejudicial, to 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 appearsthat his purpose was a purpose prejudicial, or a purpose intended to be prejudicial, as the case requires, to the safety or defence of the Commonwealth. ".


Sir Garfield Barwick - Clause 23 proposes to insert new sections 24, 24aa and 24ab. I suggest that for the purpose of convenience we consider each proposed new section separately.







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