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 80.2K   Directions to cease display of prohibited symbols in public  

Directions

(1)    
A police officer may, in accordance with section 80.2L , direct a person to cause a prohibited symbol to cease to be displayed in a public place if:

(a)    the prohibited symbol is displayed in a public place as mentioned in subsection 80.2F(1) (other than by being made available on the internet); and

(b)    subsection (2) , (3) or (6) of this section applies.

Circumstances in which direction may be given

(2)    
For the purposes of paragraph (1)(b) , this subsection applies if the police officer reasonably suspects that the display in a public place mentioned in paragraph (1)(a) :

(a)    involves dissemination of ideas based on racial superiority or racial hatred; or

(b)    could incite another person or a group of persons to offend, insult, humiliate or intimidate:

(i) a person (the targeted person ) because of the race of the targeted person; or

(ii) the members of a group of persons (the targeted group ) because of the race of some or all of the members of the targeted group.

Note:

The object of this subsection is to give further effect to Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, done at New York on 21 December 1965. The Convention is in Australian Treaty Series 1975 No. 40 ([1975] ATS 40) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

(3)    
For the purposes of paragraph (1)(b) , this subsection applies if the police officer reasonably suspects that the display in a public place mentioned in paragraph (1)(a) involves advocacy that:

(a)    is advocacy of hatred of:

(i) a group of persons distinguished by race, religion or nationality (a targeted group ); or

(ii) a member of a targeted group; and

(b)    constitutes incitement of another person or group of persons to offend, insult, humiliate, intimidate or use force or violence against:

(i) the targeted group; or

(ii) a member of the targeted group.

Note:

The object of this subsection is to give further effect to article 20 of the Covenant.

(4)    
For the purposes of paragraph (3)(a) , it does not matter whether the conduct actually results in the hatred mentioned in that paragraph.

(5)    
For the purposes of paragraph (3)(b) , it does not matter whether the conduct actually incites another person as mentioned in that paragraph.

(6)    
For the purposes of paragraph (1)(b) , this subsection applies if the police officer reasonably suspects that the display in a public place mentioned in paragraph (1)(a) is likely to offend, insult, humiliate or intimidate a person who is:

(a)    a reasonable person; and

(b)    a member of a group of persons distinguished by race, colour, sex, language, religion, political or other opinion or national or social origin;

because of the reasonable person ' s membership of that group.

Note:

The object of this subsection is to give further effect to article 26 of the Covenant.

(7)    
For the purposes of subsection (6) , it does not matter whether a member of the group sees the prohibited symbol while it is displayed in a public place.

Time by which direction must be complied with

(8)    
A direction given under subsection (1) must specify the time by which the prohibited symbol must cease to be displayed in a public place. The time must be reasonable.

Definitions

(9)    
In this section:

police officer
means:

(a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979 ); or

(b) a special member of the Australian Federal Police (within the meaning of that Act); or

(c) a member (however described) of a police force of a State or Territory.