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Sabotage

What the law says

Sections 2.6610 of the Commonwealth Criminal Code states:

24AB. (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 proclaimed country for the purposes of section 24AA

(b) That is used, or intended to be used, in or in connection 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 or her possession any article that is capable of use, and which he or she intends for use, in carrying out an act of sabotage, shall be guilty of an indictable offence

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused carried out an act of sabotage; or

2. The accused had in his or her possession any article that is capable of use, and which he or she intends for use, in carrying out an act of sabotage.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Sabotage is 15 years imprisonment.

Which court will hear the matter

This matter is Commonwealth Offence which means it is dealt with in the District or Supreme Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. The accused did not carry out an act of sabotage.
  2. The act was not sabotage.
  3. The accused did not have in his or her possession any article that is capable of use, and which he or she intends for use, in carrying out an act of sabotage.
 

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