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 80.2E   Prohibited symbols  

(1)    
Each of the following is a prohibited symbol :

(a)    a prohibited Nazi symbol;

(b)    

a prohibited organisation symbol.

(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.

(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.



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 .





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