Document ID: chunk:federal_register_of_legislation:C2023A00113:clause:1_5:p13
Version: federal_register_of_legislation:C2023A00113
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 13/14)
Character Range: 34742–37270

in public—person to whom, and form in which, direction may be given
 (1) A police officer may give a direction to cause a prohibited symbol to cease to be displayed in a public place under subsection 80.2K(1) only in accordance with subsection (2), (3) or (4) of this section.
 (2) The direction may be given to a person, either orally or in writing, if the police officer suspects on reasonable grounds that:
 (a) one or more of the following is satisfied:
 (i) the person caused the prohibited symbol to be displayed in a public place;
 (ii) the person is an owner or an occupier of land or premises on, at or from which the prohibited symbol is displayed in a public place;
 (iii) the person is an owner or an occupant of an aircraft, vehicle or vessel on or from which the prohibited symbol is displayed in a public place; and
 (b) there are steps the person can take to cause the prohibited symbol to cease to be displayed in a public place.
 (3) The direction may also be given in writing by being left on or at land or premises on, at or from which the prohibited symbol is displayed in a public place. In this case, the direction is taken to have been given to each person who is an owner or occupier of the land or premises at the time the direction is given.
 (4) The direction may also be given in writing by being affixed or placed in a conspicuous manner on an aircraft, vehicle or vessel on or from which the prohibited symbol is displayed in a public place. In this case, the direction is taken to have been given to each person who is an owner of the aircraft, vehicle or vessel at the time the direction is given.

80.2M  Directions to cease display of prohibited symbols in public—offence

Offence
 (1) A person commits an offence if:
 (a) the person is given a direction under subsection 80.2K(1); and
 (b) the prohibited symbol specified in the direction does not cease to be displayed in a public place before the time specified in the direction under subsection 80.2K(8).
Penalty: 20 penalty units.
 (2) Strict liability applies to paragraph (1)(b).

Defences
 (3) Subsection (1) does not apply if:
 (a) the conduct that caused the prohibited symbol to be displayed in a public place was genuinely engaged in for a purpose that is:
 (i) a religious, academic, educational, artistic, literary or scientific purpose; and
 (ii) not contrary to the public interest; or
 (b) the conduct that caused the prohibited symbol to be displayed in a public place was engaged in for the purposes of making a news report,