s. 321G be an offence at common law or under section 321 or any other enactment) is hereby abolished. S. 321F(4) (4) An indictment charging an offence of conspiracy inserted by to cheat and defraud or conspiracy to defraud No. 10233 must not be filed without the approval of the s. 9(b), amended by Director of Public Prosecutions or of a person No. 68/2009 authorized by the Director of Public Prosecutions s. 97(Sch. item 40.17). to give approval for the purposes of this subsection. Pt 1 Div. 11 Division 11—Incitement (Heading and ss inserted by No. 10079 s. 7(2). S. 321G 321G Incitement inserted by No. 10079 (1) Subject to this Act, where a person in or s. 7(2). elsewhere incites any other person to pursue a course of conduct which will involve the commission of an offence by— (a) the person incited; (b) the inciter; or (c) both the inciter and the person incited— if the inciting is acted on in accordance with the inciter's intention, the inciter is guilty of the indictable offence of incitement. (2) For a person to be guilty under subsection (1) of incitement the person— (a) must intend that the offence the subject of the incitement be committed; and (b) must intend or believe that any fact or circumstance the existence of which is an element of the offence in question will exist
be an offence at common law or under section 321 or any other enactment) is hereby abolished. S. 321F(4) inserted by No. 10233 s. 9(b), amended by No. 68/2009 s. 97(Sch. item 40.17). (4) An indictment charging an offence of conspiracy to cheat and defraud or conspiracy to defraud must not be filed without the approval of the Director of Public Prosecutions or of a person authorized by the Director of Public Prosecutions to give approval for the purposes of this subsection. Pt 1 Div. 11 (Heading and ss inserted by No. 10079 s. 7(2). Division 11—Incitement S. 321G inserted by No. 10079 s. 7(2). 321G Incitement s. 321G (1) Subject to this Act, where a person in or elsewhere incites any other person to pursue a course of conduct which will involve the commission of an offence by— (a) the person incited; (b) the inciter; or (c) both the inciter and the person incited— if the inciting is acted on in accordance with the inciter's intention, the inciter is guilty of the indictable offence of incitement. (2) For a person to be guilty under subsection (1) of incitement the person— (a) must intend that the offence the subject of the incitement be committed; and (b) must intend or believe that any fact or circumstance the existence of which is an element of the offence in question will exist
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