Victorian Current Acts

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CRIMES ACT 1958 - SECT 316

Unlawful oaths to commit treason, murder etc.

S. 316(1) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1)
(Sch. 2 item 57), 48/1997
s. 60(1)(Sch. 1 item 86(a)).

    (1)     Every person who—

S. 316(1)(a) amended by No. 9019 s. 2(1)(Sch. item 38).

        (a)     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 commit treason or murder; or

        (b)     takes any such oath or engagement not being compelled to do so; or

        (c)     induces or attempts to induce any person to take any such oath or engagement—

shall be guilty of an indictable offence, and shall be liable to level 5 imprisonment (10 years maximum).

S. 316(2) amended by Nos 9576 s. 11(1), 49/1991 s. 119(1)
(Sch. 2 item 52), 48/1997
s. 60(1)(Sch. 1 item 86(b)).

    (2)     Every person who—

        (a)     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):—

              (i)     to engage in any mutinous or seditious enterprise;

S. 316(2)(a)(ii) amended by No. 9019 s. 2(1)(Sch. item 39).

              (ii)     to commit any indictable offence other than treason or murder;

              (iii)     to disturb the public peace;

              (iv)     to be of any association society or confederacy formed for the purpose of doing any such act as aforesaid;

              (v)     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;

              (vi)     not to inform or give evidence against any associate confederate or other person;

              (vii)     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

        (b)     takes any such oath or engagement not being compelled to do so; or

        (c)     induces or attempts to induce any person to take any such oath or engagement—

shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum).

S. 316(3) amended by Nos 57/1989 s. 3(Sch. item 42.14), 68/2009 s. 97(Sch. item 40.10).

    (3)     A person who takes any such oath or engagement as is mentioned in the last two preceding subsections cannot set up as a defence that he was compelled to do so unless within fourteen days 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 evidence on oath before some member of the Executive Council or a magistrate or if he is on actual service in Her Majesty's forces by sea or land either by such evidence or by evidence on oath before 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.

S. 316(4) amended by No. 57/1989 s. 3(Sch. item 42.15).

    (4)     A person who has been tried and convicted or acquitted on a charge of any of the offences mentioned in this section shall not be afterwards prosecuted upon the same facts for treason or for failing when he knows that any person intends to commit treason to give information thereof with all reasonable despatch to a magistrate or use other reasonable endeavours to prevent the commission of the crime.

Division 8—Offences connected with explosive substances [19]

No. 6103 s. 317.



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