A short history of treason

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Australian treason laws then and now. When Charles Cousens was charged with treason in 1946 he was charged in New South Wales under an English law dating from 1351 (25 Edw. III). The reason for this was that there was no Commonwealth legislation that covered treasonable acts committed abroad. The main points of the 1351 Act were that a person was guilty of high treason if they   compassed or imagined the death of the King, his wife or his eldest son and heir; levied war against the King in his Realm or adhered to the King's enemies in his Realm, giving them aid and comfort in his Realm or elsewhere Treason laws in Australia have undergone a series of changes since 1946. Treason is currently defined in law in Australia by The Security Legislation Amendment (Terrorism) Act 2002 (the Act). Under the Act a person commits treason if he or she:  causes the death or harm, resulting in death, imprisons or restrains the Sovereign, the heir apparent of the Sovereign, the consort of the Sovereign, the Governor-General or Prime Minister;    levies war, or does an act preparatory to levying war against the Commonwealth; intentionally assists, by any means whatsoever, an enemy, at war with the Commonwealth; intentionally assists, by 'any means whatever', another country or organisation that is 'engaged in armed hostilities' against the Australian Defence Force (ADF);   instigates a person who is not an Australian citizen to make an armed invasion of the Commonwealth or a Territory of the Commonwealth; or forms an intention to do any of the above acts and manifests that intention by an overt act. The Act covers Australian citizens anywhere in the world.

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