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Criminal Code Amendment (Inciting Illegal Disruptive Activities) 2023
✦ Plain-English Summary
# Criminal Code Amendment (Inciting Illegal Disruptive Activities) Bill 2023
## What it does
This bill creates a new criminal offence for using the internet or other communication services to deliberately encourage people to trespass or cause damage in major business areas (like city CBDs). It targets people who post online content designed to incite illegal protest activity in these zones, rather than the protesters themselves.
## Why it matters
If passed, it would mean protest organisers and social media activists could face criminal charges for online posts encouraging disruption in city centres—even if the actual trespass or damage doesn't happen. This significantly expands what counts as a prosecutable offence in protest contexts.
## Key details
- **Penalty**: Up to 12 months imprisonment for inciting trespass via online platforms
- **Geographic scope**: Only applies to "major business areas"—defined as city CBDs or precincts with significant business/cultural activity
- **Starts immediately**: Takes effect the day after receiving Royal Assent (no delayed implementation)
- **Exception noted**: The bill mentions (but doesn't fully define in this excerpt) that news reports and current affairs material are exempt—though the exact boundaries of this exemption aren't clear yet
Official Description
Amends the Criminal Code Act 1995 to introduce three new offences relating to the incitement of trespass, property damage or theft and unlawful obstruction of traffic in central business districts and other centres of significant business or cultural activity in Australia.
Committee Referrals
Senate Standing Committee for the Scrutiny of Bills
Audit History
Introduced
8 Feb 2023
Last updated on APH
10 Apr 2026
Last checked by Crossbench
today
Next review
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Full text indexed
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