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 violence, advocating terrorism or genocide, and prohibited symbols and Nazi salute  

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

SECTION 80.2G   Meaning of trades  

(1)    
For the purposes of this Subdivision, a person trades in goods if:

(a)    the person sells the goods; or

(b)    the person prepares the goods for supply with the intention of selling the goods or believing that another person intends to sell the goods; or

(c)    the person transports the goods with the intention of selling the goods or believing that another person intends to sell the goods; or

(d)    the person guards or conceals the goods with the intention of selling the goods or assisting another person to sell the goods; or

(e)    the person possesses the goods with the intention of selling the goods.

(2)    
For the purposes of paragraph (1)(b) and sections 80.2J and 80.2JA , preparing goods for supply includes packaging the goods or separating the goods into discrete units.

(3)    
This section and sections 80.2J and 80.2JA apply in relation to leasing out or renting out (or agreeing to lease out or rent out) in the same way as they apply in relation to selling.

(4)    
In this section and sections 80.2J and 80.2JA :

conceal
goods includes conceal or disguise:


(a) the nature, source or location of the goods; or


(b) any movement of the goods; or


(c) the rights of any person with respect to the goods; or


(d) the identity of any owner of the goods.

possession
of goods includes the following:


(a) receiving or obtaining possession of the goods;


(b) having control over the disposition of the goods (whether or not the goods are in the custody of the person);


(c) having joint possession of the goods.

sell
includes the following:


(a) barter or exchange;


(b) agree to sell.

supply
includes the following:


(a) supply, whether or not by way of sale;


(b) agree to supply.

transport
includes deliver.





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