Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p26
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 26/44)
Character Range: 235519–238215

(whether or not the goods are in the custody of the person);
 (c) having joint possession of the goods.
sell includes the following:
 (a) barter or exchange;
 (b) agree to sell.
supply includes the following:
 (a) supply, whether or not by way of sale;
 (b) agree to supply.
transport includes deliver.

80.2H  Public display of prohibited Nazi symbols or giving Nazi salute
 (1) A person commits an offence if:
 (a) the person:
 (i) causes a thing to be displayed in a public place; or
 (ii) makes a gesture in a public place; and
 (b) the thing is a prohibited Nazi symbol, or the gesture is a Nazi salute; 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 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