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The Forum > Article Comments > Selective conscientious objection > Comments

Selective conscientious objection : Comments

By Kellie Tranter, published 3/9/2010

Every aspect of war, from our involvement as a nation to the rights of conscientious objectors, should be debated in Parliament.

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Dear 579, Indecision is not treason.

The criminal code defines treason:

http://en.wikipedia.org/wiki/Treason
Australia
Section 80.1 of the Criminal Code, contained in the schedule of the Criminal Code Act 1995, defines treason as follows:

"A person commits an offence, called treason, if the person:
(a) causes the death of the Sovereign, the heir apparent of the Sovereign, the consort of the Sovereign, the Governor-General or the Prime Minister; or
(b) causes harm to the Sovereign, the Governor-General or the Prime Minister resulting in the death of the Sovereign, the Governor-General or the Prime Minister; or
(c) causes harm to the Sovereign, the Governor-General or the Prime Minister, or imprisons or restrains the Sovereign, the Governor-General or the Prime Minister; or
(d) levies war, or does any act preparatory to levying war, against the Commonwealth; or
(e) engages in conduct that assists by any means whatever, with intent to assist, an enemy:
(i) at war with the Commonwealth, whether or not the existence of a state of war has been declared; and
(ii) specified by Proclamation made for the purpose of this paragraph to be an enemy at war with the Commonwealth; or
(f) engages in conduct that assists by any means whatever, with intent to assist:
(i) another country; or
(ii) an organisation;
that is engaged in armed hostilities against the Australian Defence Force; or
(g) instigates a person who is not an Australian citizen to make an armed invasion of the Commonwealth or a Territory of the Commonwealth; or
(h) forms an intention to do any act referred to in a preceding paragraph and manifests that intention by an overt act."
A person is not guilty of treason under paragraphs (e), (f) or (h) if their assistance or intended assistance is purely humanitarian in nature.

The maximum penalty for treason is life imprisonment. Section 24AA of the Crimes Act 1914 creates the related offence of treachery.
Posted by david f, Tuesday, 7 September 2010 5:43:16 PM
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