Live statuteSupportedAustraliaListed-speech offence
s.80.2C Advocating terrorism
Criminal Code Act 1995 (Cth)
- Target
- Advocating the doing of a terrorist act, or the commission of a listed terrorism offence
- Test
- Intentionally advocates, reckless as to whether another person will engage in a terrorist act or commit the listed offence. Advocates includes counselling, promoting, encouraging, or urging, and includes praise where there is a substantial risk the praise might lead another person to a terrorist act or listed offence. Good-faith defence: s.80.3.
- Max
- Up to 7 years on the terrorist-act limb (compilation as of 30 June 2026)
A person advocates the doing of a terrorist act or the commission of a terrorism offence if the person counsels, promotes, encourages or urges the doing of a terrorist act or the commission of a terrorism offence; or provides instruction on the doing of a terrorist act or the commission of a terrorism offence; or praises the doing of a terrorist act or the commission of a terrorism offence in circumstances where there is a substantial risk that such praise might have the effect of leading another person to engage in a terrorist act or to commit a terrorism offence.
Criminal Code (Cth) s.80.2C definition of advocates, including the praise limb added by later amendment. Compilation on the Federal Register of Legislation as of 30 June 2026. Unofficial restatement of the advocates definition; confirm against the live compilation when quoting in court.
Cite · Criminal Code Act 1995 (Cth) s.80.2C · as of 2026-09-05
Australia put praise in the statute and gated it. That is still a listed-speech offence, not an overlay sticker.
- The praise limb has a substantial-risk gate, closer to a probability test (Israel §24 is a quoted example) than to a pure-content ban.
- s.80.3 good faith (including public-interest commentary) is the political-communication defence.