Effectively defunct for nearly half a century, these laws returned to public notice in 2005 when changes were included in an Anti-terrorism Bill announced by Prime Minister Howard prior to a "counter-terrorism summit" of the Council of Australian Governments on 27 September.
Section 24E allowed that, while an accused person might elect to be committed for trial, sedition could, with the consent of the Attorney-General, be prosecuted summarily, in which case the applicable penalty would be imprisonment for a period not exceeding 12 months.
Section 24F specified that nothing in the preceding provisions made it unlawful: In considering a good faith defence, it was specifically noted that the Court might consider whether the case involved the safety or defence of the Commonwealth; assistance to countries or organisations at war with the country or its allies, or to enemies of its allies (whether or not they are enemies of Australia); traitors or saboteurs; or the intention of causing violence or creating public disorder or a public disturbance.
Section 30A declared that any body of persons, incorporated or unincorporated (or [a]ny branch or committee of an unlawful association, and any institution or school conducted by or under the authority or apparent authority of an unlawful association) which by its constitution or propaganda or otherwise advocates or encourages (or which is, or purports to be, affiliated with any organization which advocates or encourages) sabotage; damage to property used in cross-border trade or commerce; revolution or war against either any civilised country or organised government; or the doing of any act having or purporting to have as an object the carrying out of a seditious intention was an unlawful association for the purposes of the Act.
2) 2005,[5] passed by the Upper House on 6 December 2005, repealed Sections 24A to 24E of the Crimes Act (1914) and reintroduced them, along with several new classes of offence, in a Division 80—Treason and sedition.
The new laws more than double the maximum penalty for sedition from three years imprisonment to seven, and allow certain convictions relating to the use of force or violence on the basis of recklessness rather than proven intent.
In addition, the Coalition backbench committee, in response to significant public outcry about the potential for the new legislation to stifle free speech and despite the government's claims about a new and imminent threat necessitating the passage through both houses of the limited and specific Anti-Terrorism Bill 2005, successfully lobbied the government to introduce an earlier review of the sedition provisions and accept certain minor amendments.
Despite almost unconditional support for the remainder of the Anti-Terrorism Bill, by mid-November the main opposition Australian Labor Party (including two of the Premiers involved in the original COAG meeting) had joined several prominent Coalition backbenchers in calling for the removal of the Bill's sedition provisions[citation needed], and committed itself to their repeal in the event it gained government[citation needed].
The Government accepted the recommendations of the ALRC report Fighting Words: A Review of Sedition Laws in Australia, which included removing the term 'sedition' and replacing it with the phrase 'urging violence' and clarifying and modernising elements of the offences.