Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.1 - Treason and related offences  

Division 80 - Treason, urging or threatening violence, offences against groups or members of groups, advocating terrorism or genocide, and prohibited symbols and Nazi salute  

Subdivision CA - Publicly displaying, and trading in, prohibited symbols and giving Nazi salute  

SECTION 80.2M   Directions to cease display of prohibited symbols in public - offence  

Offence

(1)    
A person commits an offence if:

(a)    the person is given a direction under subsection 80.2K(1) ; and

(b)    the prohibited symbol specified in the direction does not cease to be displayed in a public place before the time specified in the direction under subsection 80.2K(8) .

Penalty: 20 penalty units.

(2)    
Strict liability applies to paragraph (1)(b) .

Defences

(3)    
Subsection (1) does not apply if:

(a)    the conduct that caused the prohibited symbol to be displayed in a public place was genuinely engaged in for a purpose that is:

(i) a religious, academic, educational, artistic, literary or scientific purpose; and

(ii) not contrary to the public interest; or

(b)    the conduct that caused the prohibited symbol to be displayed in a public place was engaged in for the purposes of making a news report, or a current affairs report, that is:

(i) in the public interest; and

(ii) made by a person working in a professional journalistic capacity; or

(c)    if the prohibited symbol is a prohibited Nazi symbol - any of paragraphs 80.2H(10)(a) to (f) applied to the person engaging in the conduct that caused the prohibited symbol to be displayed in a public place; or

(d)    if the prohibited symbol is a prohibited terrorist organisation symbol - any of paragraphs 80.2HA(10)(a) to (f) applied to the person engaging in the conduct that caused the prohibited symbol to be displayed in a public place.

Note:

A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) ).

(4)    
For the purposes of paragraphs (3)(a) , (b) and (c) , it does not matter whether the conduct referred to in those paragraphs was conduct of the person who is given the direction as mentioned in paragraph (1)(a) .

(5)    
Subsection (1) does not apply if:

(a)    both:

(i) the person (the recipient ) who is given the direction did not cause the prohibited symbol to be displayed in a public place; and

(ii) when the direction is given, the recipient is not an owner or an occupier of land or premises on, at or from which the prohibited symbol is displayed in a public place, or an owner of an aircraft, vehicle or vessel on or from which the prohibited symbol is displayed in a public place; or

(b)    either the person (the recipient ) who is given the direction takes all reasonable steps to cause the prohibited symbol to cease to be displayed in a public place, or there are no such steps that the recipient can take.

Note:

A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) ).