Criminal Code.

(b.) To excite disaffection against the Sovereign, or the Gov-
ernment or Constitution of the United Kingdom, or of
the Commonwealth of Australia, or of Western Aus-
tralia as by law established, or against either House
of Parliament of the United Kingdom, of the
Commonwealth of Australia, or of Western Australia,
or against the administration of justice;

(c.) To excite His Majesty's subjects to attempt to procure
the alteration of any matter in the State as by law
established otherwise than by lawful means;

(d.) To raise discontent or disaffection amongst His Majesty's
subjects;

(e.) To promote feelings of ill-will and enmity between
different classes of His Majesty's subjects:

is a seditious intention, unless it is justified by the provisions of
the next following section.

45. IT is lawful for any person

(a.) To endeavour in good faith to show that the Sovereign
has been mistaken in any of His counsels;

(b.) To point out in good faith errors or defects in the Gov-
ernment or Constitution of the United Kingdom, or of
the Commonwealth of Australia, or of Western Aus-
tralia as by law established, or in legislation, or in the
administration of justice, with a view to the refor
mation of such errors or defects;

(c.) To excite in good faith His Majesty's subjects to attempt
to procure by lawful means the alteration of any matter
in the State as by law established; or

(d.) To point out in good faith in order to their removal any
matters which are producing or have a tendency to
produce feelings of ill-will and enmity between different
classes of His Majesty's subjects.

46. A SEDITIOUS enterprise is an enterprise which is undertaken in order to the carrying out of a seditious intention.

Seditious words are words expressive of a seditious intention. The term "seditious writing" includes anything intended to be read, and any sign or visible representation, which is expressive of a seditious intention.

47. ANY person who

Innocent intentions.

Definition of seditious enterprises, etc.

Unlawful oaths to

offences.

(1.) Administers or is present at and consents to the commit capital administering of, any oath or engagement in the nature

of

Other unlawful oaths to commit

offences.

Compulsion, how far a defence.

Criminal Code.

of an oath, purporting to bind the person who takes it to commit any crime punishable with death; or (2.) Takes any such oath or engagement, not being compelled to do so; or

(3.) Attempts to induce any person to take any such oath or engagement;

is guilty of a crime, and is liable to imprisonment with hard labour for life.

(1.) Administers, or is present at and consents to the
administering of, any oath or engagement in the nature
of an oath, purporting to bind the person who takes
it to act in any of the ways following, that is to say,—
(a.) To engage in any mutinous or seditious enter
prise;

(b.) To commit any indictable offence not punishable
with death;

(r.) To disturb the public peace ;

(d.) To be of any association, society, or confederacy,
formed for the purpose of doing any such act as
aforesaid;

(e.) To obey the order or commands of any committee
or body of men not lawfully constituted, or of
any leader or commander or other person not
having authority by law for that purpose;
f.) Not to inform or give evidence against any asso-
ciate, confederate, or other person;

(9.) Not to reveal or discover any unlawful association,
society, or confederacy, or any illegal act done
or to be done, or any illegal oath or engagement
that may have been administered or tendered
to or taken by himself or any other person, or
the import of any such oath or engagement; or
(2.) Takes any such oath or engagement, not being com-
pelled to do so; or

(3.) Attempts to induce any person to take any such oath or engagement;

is guilty of a crime, and is liable to imprisonment with hard labour for seven years.

49. A PERSON who takes any such oath or engagement as is mentioned in the two last preceding sections cannot set up as a defence that he was compelled to do so, unless within fourteen days

after

Criminal Code.

after taking it, or, if he is prevented by actual force or sickness, within fourteen days after the termination of such prevention, he declares by information on oath before some member of the Executive Council or justice of the peace, or, if he is on actual service in His Majesty's forces by sea or land, either by such information or by information to his commanding officer, the whole of what he knows concerning the matter, including the person or persons by whom and in whose presence, and the place where, and the time when, the oath or engagement was administered or taken.

50. A PERSON who has been tried, and convicted or acquitted, on a charge of any of the crimes herein before in this chapter defined, cannot be afterwards prosecuted upon the same facts for the crime of treason, or for the crime of failing, when he knows that any person intends to commit treason, to give information thereof with all reasonable despatch to a justice or use other reasonable endeavours to prevent the commission of the crime.

51. (1.) ANY person who

(a.) In contravention of the directions of a proclamation
by the Governor in Council in that behalf trains or
drills any other person to the use of arms or the
practice of military exercise, movements, or evolu-
tions; or

(b.) Is present at any meeting or assembly of persons held
in contravention of the directions of any such procla-
mation, for the purpose of there training or drilling
any other person to the use of arms or the practice
of military exercise, movements, or evolutions;
is guilty of a crime, and is liable to imprisonment with hard labour
for seven years.

(2.) Any person who, at any meeting or assembly held in contravention of the directions of a proclamation of the Governor in Council in that behalf, is trained or drilled to the use of arms or the practice of military exercise, movements, or evolutions, or who is present at any such meeting or assembly for the purpose of being so trained or drilled, is guilty of a misdemeanour, and is liable to imprisonment for two years.

The offender may be arrested without warrant.

(3) A prosecution for any of the offences defined in this section must be begun within six months after the offence is committed.

52. ANY person who-

(1.) Conspires with any person to carry into execution a
seditious enterprise; or

Effect of prosecu

tion.

Unlawful drilling.

Sedition.

(2.)

Defamation of
Foreign Princes.

Interference with
Governor or
Ministers.

Interference with the Legislature.

Disturbing the
Legislature.

Criminal Code.

(2.) Advisedly publishes any seditious words or writing: is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years.

If he has been previously convicted of any such offence he is guilty of a crime, and is liable to imprisonment with hard labour for seven years.

A prosecution for any of the offences defined in this section must be begun within six months after the offence is committed.

A person cannot be convicted of any of the offences defined in this section upon the uncorroborated testimony of one witness.

53. ANY person who, without such justification or excuse as would be sufficient in the case of the defamation of a private person, publishes anything intended to be read, or any sign or visible representation, tending to expose to hatred or contempt in the estimation of the people of any Foreign State any Prince or person exercising sovereign authority over that State, is guilty of a misdemeanour, and is liable to imprisonment for two years.

CHAPTER VIII.-OFFENCES AGAINST THE EXECUTIVE AND
LEGISLATIVE POWER.

54. ANY person who advisedly

(1.) Does any act calculated to interfere with the free exercise by the Governor of the duties or authority of his office;

or

(2.) Does any act calculated to interfere with the free exercise by a member of the Executive Council of the duties or authority of his office as a member of the Executive Council or as a Minister of State;

is guilty of a misdemeanour, and is liable to imprisonment for three years.

55. ANY person who advisedly, by force or fraud, interferes or attempts to interfere with the free exercise by either House of Parliament of their authority, or with the free exercise by any member of either House of his duties or authority as such member, or as a member of a Committee of either House, or of a joint Committee of both Houses, is guilty of a misdemeanour, and is liable to imprisonment for three years.

56. ANY person who advisedly-

(1.) Disturbs either House of Parliament while in session ;

or

(2.) Commits any disorderly conduct in the immediate view and presence of either House of Parliament while in session

Criminal Code.

session, tending to interrupt its proceedings or to impair
the respect due to its authority;

is guilty of a misdemeanour, and is liable to imprisonment for

three years.

57. ANY person who in the course of an examination before False evidence either House of Parliament, or before a Committee of either House, before Parliament, or before a joint Committee of both Houses, knowingly gives a false answer to any lawful and relevant question put to him in the course of the examination is guilty of a crime, and is liable to imprisonment with hard labour for seven years.

The offender cannot be arrested without warrant.

A person cannot be convicted of the offence defined in this section upon the uncorroborated testimony of one witness.

58. ANY person who—

Threatening witness before Parlia

(1.) Threatens to do any injury, or cause any detriment of ment.
any kind to another with intent to prevent or hinder
that other person from giving evidence before either
House of Parliament, or before a Committee of either
House, or before a joint Committee of both Houses; or
(2.) Threatens, or in any way punishes, damnifies, or injures,
or attempts to punish, damnify, or injure any other
person for having given such evidence, or on account
of the evidence which he has given, unless such evidence
was given in bad faith;

is guilty of a misdemeanour, and is liable, on conviction, to imprison-
ment with hard labour for two years.

59. ANY person who

(1.) Being duly summoned to attend as a witness or to pro-
duce any book, document, or other thing, in his pos-
session, before either House of Parliament, or before
a Committee of either House, or before a joint Com-
mittee of both Houses, authorised to summon wit-
nesses or to call for the production of such thing, refuses
or neglects without lawful excuse to attend pursuant
to the summons or to produce anything which he is
summoned to produce, and which is relevant and
proper to be produced; or

(2.) Being present before either House of Parliament, or
before a Committee of either House, or before a
Joint Committee of both Houses, authorised to sum-

mon

Witnesses refusing to attend or give evi

dence before Parliament or Parliamentary Committee.