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 violence, advocating terrorism or genocide, and prohibited symbols and Nazi salute
History
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 80.2G
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.
History
S 80.2G 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.