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Act index » Part I - Offences » Division 11 - Incitement
321I Penalties for incitement
(1)Where a person is convicted under section 321G of incitement to commit an offence or offences against a law or laws in force in Victoria— as the court determines;
S. 321I(1) (ba)(i) substituted by No. 48/1997 s. 60(1)(Sch. 1 item 92(b)(ii)).
(a)if the penalty for the relevant offence is fixed by law, the person shall be liable to a penalty not exceeding the penalty for the relevant offence;
S. 321I(2)(a) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 63(b)(i)), 48/1997 s. 60(1)(Sch. 1 item 93).
(b)if the relevant offence, or any of the relevant offences, is an offence for which the penalty is imprisonment for a term the maximum length of which is not prescribed by law, the person shall be liable to level 4 imprisonment (15 years maximum);
S. 321I(1)(b) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 57), 48/1997 s. 60(1)(Sch. 1 item 92(a)).S. 321I(2)(b) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 63(b)(ii)), 69/1997 s. 22(9).
(ba)despite paragraph (b), if the relevant offence, or any of the relevant offences, is murder or treason, the person is liable to—
S. 321I(1)(ba) inserted by No. 41/1993 s. 23(a), amended by No. 48/1997 s. 60(1)(Sch. 1 item 92(b)(i)).
(i)level 1 imprisonment (life); or
S. 321I(1)(d)(i) substituted by Nos 49/1991 s. 119(1) (Sch. 2 item 63(a)(ii)), 48/1997 s. 60(1)(Sch. 1 item 92(c)).
(ii)imprisonment for such other term as is fixed by the court—
S. 321I(1)(d)(ii) amended by No. 49/1991 s. 119(1) (Sch. 2 item 63(a)(iii)).
(c)subject to paragraphs (a), (b), (ba) and (d), if the relevant offence, or any of the relevant offences is an offence for which a maximum penalty is prescribed by law, the person shall be liable to a penalty not exceeding that maximum penalty or the accumulated maximum penalties, as the case may be; or
(d)if the relevant offence, or each of the relevant offences, may be heard and determined only in the Magistrates' Court, the person shall be liable to— whichever is the greater.
S. 321I(1)(d) amended by Nos 57/1989 s. 3(Sch. item 42.18), 49/1991 s. 119(1) (Sch. 2 item 63(a)(i)), 68/2009 s. 97(Sch. item 40.18).
(i)level 6 imprisonment (5 years maximum); or
(ii)imprisonment for a term not exceeding the maximum term of imprisonment (if any) prescribed in respect of the relevant offence or the greatest of the maximum terms prescribed in respect of any of the relevant offences as the case requires—
(2)Where a person is convicted under section 321G of incitement to commit an offence or offences against a law in force only in a place outside Victoria—
(a)the person shall, if the relevant offence, or any of the relevant offences, is punishable by a term of imprisonment, be liable to a term of imprisonment not exceeding the maximum term of imprisonment prescribed in respect of the relevant offence; and
(b)the person shall, in any other case, be liable to a level 6 fine (600 penalty units maximum).