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 80.2F   Meaning of displayed in a public place  

(1)    
A thing is displayed in a public place if it is capable of being seen by a member of the public who is in a public place (whether or not the thing is actually so seen by a member of the public).

(2)    
A thing is also displayed in a public place if it is included in:

(a)    a document (including, for example, a newspaper, magazine, program, leaflet or ticket); or

(b)    a film, video or television program;

that is available, or distributed, to the public or a section of the public.


(3)    
A thing is also displayed in a public place if it is included in a document, film, video or television program that is available, or distributed to, the public or a section of the public by means of a telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution including, for example, by means of the internet.

Example:

If a thing is included in a document that is available to the public or a section of the public on a website, then the thing is displayed in a public place under this subsection.


(4)    
In this section, available or distributed includes available or distributed as of right or by invitation, whether express or implied, and whether or not a charge is made for availability or distribution.


 

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