Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p28
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 28/44)
Character Range: 240409–243183

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 the purpose of opposing Nazi ideology, fascism or a related ideology.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

Functions
 (11) 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 5 years.
 (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