Document ID: chunk:federal_register_of_legislation:C2023A00113:clause:1_5:p5
Version: federal_register_of_legislation:C2023A00113
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 5/14)
Character Range: 14865–17617

The references in this section to function or functions do not, by implication, affect the meaning of the expressions duty or duties when used in any other provision of this Code.

80.2HA  Public display of prohibited terrorist organisation symbols
 (1) A person commits an offence if:
 (a) the person causes a thing to be displayed in a public place; and
 (b) the person knows that the thing is a prohibited terrorist organisation symbol; and
 (c) subsection (3), (4) or (7) applies; and
 (d) subsection (9) does not apply.
Note: For defences, see subsection (10).
Penalty: Imprisonment for 12 months.
 (2) Absolute liability applies to paragraphs (1)(c) and (d).
 (3) For the purposes of paragraph (1)(c), this subsection applies if a reasonable person would consider that the conduct 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).
 (4) For the purposes of paragraph (1)(c), this subsection applies if a reasonable person would consider that the conduct 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.
 (5) For the purposes of paragraph (4)(a), it does not matter whether the conduct actually results in the hatred mentioned in that paragraph.
 (6) For the purposes of paragraph (4)(b), it does not matter whether the conduct actually incites another 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