339 Conspiracy and incitement New s. 339 inserted by (1) A married person shall be criminally responsible No. 9073 s. 2(b). for incitement or conspiracy to commit treason or murder and for any offence specified in section 4 as if he or she were unmarried. (2) Subject to subsection (1), a married person shall not be criminally responsible for conspiracy with his or her spouse alone, nor for incitement of his or her spouse to commit a criminal offence. S. 339(3) (3) Nothing in subsection (2) shall affect the liability amended by of a married person as a principal offender in any No. 9576 offence except conspiracy or incitement. s. 11(1). Ss 340–350 * * * * * repealed by No. 8338 s. 5. _______________ Pt 2A (Heading and ss 340–345) inserted by No. 70/1987 s. 4. 340 Definitions New s. 340 inserted by No. 70/1987 (1) In this Part— s. 4. means— S. 340(1) appropriate authority def. of appropriate (a) in relation to another State of the authority Commonwealth, or a Territory of the amended by No. 37/2014 Commonwealth (other than the s. 10(Sch. Australian Capital Territory)—an item 36.10(a)). authority exercising in relation to the police force or police service of that State or Territory functions
New s. 339 inserted by No. 9073 s. 2(b). 339 Conspiracy and incitement (1) A married person shall be criminally responsible for incitement or conspiracy to commit treason or murder and for any offence specified in section 4 as if he or she were unmarried. (2) Subject to subsection (1), a married person shall not be criminally responsible for conspiracy with his or her spouse alone, nor for incitement of his or her spouse to commit a criminal offence. S. 339(3) amended by No. 9576 s. 11(1). (3) Nothing in subsection (2) shall affect the liability of a married person as a principal offender in any offence except conspiracy or incitement. Ss 340–350 repealed by No. 8338 s. 5. * * * * * _______________ Pt 2A (Heading and ss 340–345) inserted by No. 70/1987 s. 4. New s. 340 inserted by No. 70/1987 s. 4. 340 Definitions (1) In this Part— S. 340(1) def. of appropriate authority amended by No. 37/2014 s. 10(Sch. item 36.10(a)). appropriate authority means— (a) in relation to another State of the Commonwealth, or a Territory of the Commonwealth (other than the Australian Capital Territory)—an authority exercising in relation to the police force or police service of that State or Territory functions
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