Document ID: chunk:federal_register_of_legislation:C2023A00113:clause:1_5:p6
Version: federal_register_of_legislation:C2023A00113
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 6/14)
Character Range: 17367–20048

person as mentioned in that paragraph.
 (7) For the purposes of paragraph (1)(c), this subsection applies if the conduct 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.
 (8) For the purposes of subsection (7), it does not matter whether a member of the group sees the thing while it is displayed in a public place.
 (9) For the purposes of paragraph (1)(d), this subsection applies if a reasonable person would consider that:
 (a) the conduct mentioned in paragraph (1)(a) is 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 mentioned in paragraph (1)(a) is engaged in for the purposes of making a news report, or a current affairs report, that:
 (i) is in the public interest; and
 (ii) is made by a person working in a professional journalistic capacity.

Defences
 (10) Subsection (1) does not apply to a person engaging in conduct mentioned in paragraph (1)(a) if:
 (a) engaging in the conduct is necessary for enforcing a law of:
 (i) the Commonwealth; or
 (ii) a State; or
 (iii) a Territory; or
 (iv) a foreign country; or
 (v) a part of a foreign country; or
 (b) engaging in the conduct is necessary for monitoring compliance with, or investigating a contravention of, a law of:
 (i) the Commonwealth; or
 (ii) a State; or
 (iii) a Territory; or
 (iv) a foreign country; or
 (v) a part of a foreign country; or
 (c) the person engages in the conduct for the purposes of proceedings in a court or tribunal; or
 (d) both:
 (i) the person engages in the conduct in connection with the performance by a public official of the official's duties or functions; and
 (ii) engaging in the conduct is reasonable in the circumstances for the purpose of the public official performing that duty or function; or
 (e) both:
 (i) the person engages in the conduct in connection with an individual assisting a public official in relation to the performance of the public official's duties or functions; and
 (ii) engaging in the conduct is reasonable in the circumstances for the purpose of the individual assisting the public official in relation to the performance of the public official's duties or functions; or
 (f) the person genuinely engages in the conduct for