Schedule
-
The Criminal Code
Section
3
CHAPTER 5
-
THE SECURITY OF THE COMMONWEALTH
Part 5.1
-
Treason and related offences
History
Pt 5.1 heading substituted by No 67 of 2018, s 3 and Sch 1 item 1, effective 30 June 2018. The heading formerly read:
Part 5.1
-
Treason, urging violence and advocating terrorism or genocide
Pt 5.1 heading substituted by No 82 of 2016, s 3 and Sch 11 item 1, effective 30 November 2016. The heading formerly read:
Part 5.1
-
Treason, urging violence and advocating terrorism
Pt 5.1 heading substituted by No 116 of 2014, s 3 and Sch 1 item 57, effective 1 December 2014. The heading formerly read:
Part 5.1
-
Treason and urging violence
Pt 5.1 heading substituted by No 127 of 2010, s 3 and Sch 1 item 4, effective 25 November 2010. The heading formerly read:
Part 5.1
-
Treason and sedition
Pt 5.1 heading substituted by No 144 of 2005, s 3 and Sch 7 item 5, effective 11 January 2006. The heading formerly read:
Part 5.1
-
Treason
Division 80
-
Treason, urging or threatening violence, offences against groups or members of groups, advocating terrorism or genocide, and prohibited symbols and Nazi salute
History
Div 80 heading substituted by No 1 of 2025, s 3 and Sch 1 item 1, effective 8 February 2025. The heading formerly read:
Division 80
-
Treason, urging violence, advocating terrorism or genocide, and prohibited symbols and Nazi salute
Div 80 heading amended by No 113 of 2023, s 3 and Sch 1 item 4, by substituting
"
, advocating terrorism or genocide, and prohibited symbols and Nazi salute
"
for
"
and advocating terrorism or genocide
"
, effective 8 January 2024.
Div 80 heading substituted by No 82 of 2016, s 3 and Sch 11 item 2, effective 30 November 2016. The heading formerly read:
Division 80
-
Treason, urging violence and advocating terrorism
Div 80 heading substituted by No 116 of 2014, s 3 and Sch 1 item 58, effective 1 December 2014. The heading formerly read:
Division 80
-
Treason and urging violence
Div 80 heading substituted by No 127 of 2010, s 3 and Sch 1 item 5, effective 25 November 2010. The heading formerly read:
Division 80
-
Treason and sedition
Div 80 heading substituted by No 144 of 2005, s 3 and Sch 7 item 6, effective 11 January 2006. The heading formerly read:
Division 80
-
Treason
Subdivision CA
-
Publicly displaying, and trading in, prohibited symbols and giving Nazi salute
History
Subdiv CA inserted by No 113 of 2023, s 3 and Sch 1 item 5, effective 8 January 2024. No 113 of 2023, s 3 and Sch 1 item 8 contains the following transitional provision:
8 Transitional provision
8
For the purposes of Subdivision
CA
of Division
80
of the
Criminal Code
, if:
(a)
a person caused a thing to be displayed in a public place before the commencement of this item; and
(b)
on that commencement, the thing had not ceased to be displayed in a public place;
the person is taken to cause, on that commencement, the thing to be displayed in a public place.
SECTION 80.2E
Prohibited symbols
(1)
Each of the following is a
prohibited symbol
:
(a)
a prohibited Nazi symbol;
(b)
a prohibited organisation symbol.
History
S 80.2E(1) amended by No 2 of 2026, s 3 and Sch 1 item 44, by omitting
"
terrorist
"
before
"
organisation symbol
"
from para (b), effective 22 January 2026.
(2)
Each of the following is a
prohibited Nazi symbol
:
(a)
the Nazi hakenkreuz;
(b)
the Nazi double-sig rune;
(c)
something that so nearly resembles a thing to which paragraph
(a)
or
(b)
applies that it is likely to be confused with, or mistaken for, that thing.
(3)
Each of the following is a
prohibited organisation symbol
:
(a)
a symbol that an organisation that is a terrorist organisation or prohibited hate group, or a member of such an organisation, uses to identify the organisation or any part of the organisation;
(b)
something that so nearly resembles a symbol to which paragraph
(a)
applies that it is likely to be confused with, or mistaken for, that symbol;
(c)
a symbol that:
(i)
a state sponsor of terrorism uses; or
(ii)
members (within the meaning of subsection
110.1(1)
) of a state sponsor of terrorism use;
to identify the state sponsor of terrorism or any part of the state sponsor of terrorism;
(d)
something that so nearly resembles a symbol to which paragraph
(c)
of this subsection applies that it is likely to be confused with, or mistaken for, that symbol.
History
S 80.2E(3) amended by No 2 of 2026, s 3 and Sch 1 items 45 and 46, by omitting
"
terrorist
"
before
"
organisation symbol
"
first occurring and substituting para (a), effective 22 January 2026. Para (a) formerly read:
(a)
a symbol that a terrorist organisation (within the meaning of Division 102) uses, or members (within the meaning of subsection 102.1(1)) of a terrorist organisation use, to identify the organisation or any part of the organisation;
S 80.2E(3) amended by No 60 of 2025, s 3 and Sch 3 item 29, by inserting para (c) and (d), effective 8 November 2025.
S 80.2E(3) amended by No 60 of 2025, s 3 and Sch 4 items 5 and 6, by inserting
"
(within the meaning of subsection 102.1(1))
"
and
"
or any part of the organisation
"
in para (a), effective 7 November 2025.
(4)
Paragraphs
(3)(c)
and
(d)
do not apply to:
(a)
the flag of a foreign country; or
(b)
the flag of part of a foreign country.
History
S 80.2E(4) inserted by No 60 of 2025, s 3 and Sch 3 item 30, effective 8 November 2025.
Definitions
(5)
In this section:
member
:
(a)
in relation to a terrorist organisation
-
has the meaning given by Division
102
; and
(b)
in relation to a prohibited hate group
-
has the meaning given by Division
114A
.
prohibited hate group
has the meaning given by Division
114A
.
terrorist organisation
has the meaning given by Division
102
.
History
S 80.2E(5) inserted by No 2 of 2026, s 3 and Sch 1 item 47, effective 22 January 2026.
History
S 80.2E inserted by No 113 of 2023, s 3 and Sch 1 item 5, effective 8 January 2024. For transitional provision, see note under Subdiv
CA
of Div 80 heading.