Document ID: chunk:federal_register_of_legislation:C2023A00113:clause:1_5:p11
Version: federal_register_of_legislation:C2023A00113
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 11/14)
Character Range: 29763–32508

burden in relation to the matters in this subsection (see subsection 13.3(3)).
 (8) Subsection (1) does not apply to a person's trading in goods if:
 (a) both:
 (i) the trading is in connection with the performance by a public official of the official's duties or functions; and
 (ii) the trading is reasonable in the circumstances for the purpose of the public official performing that duty or function; or
 (b) both:
 (i) the trading is in connection with an individual assisting a public official in relation to the performance of the public official's duties or functions; and
 (ii) the trading 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.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

Interpretation
 (9) 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.
 (10) In this section, Commonwealth place has the same meaning as in the Commonwealth Places (Application of Laws) Act 1970.

80.2K  Directions to cease display of prohibited symbols in public

Directions
 (1) A police officer may, in accordance with section 80.2L, direct a person to cause a prohibited symbol to cease to be displayed in a public place if:
 (a) the prohibited symbol is displayed in a public place as mentioned in subsection 80.2F(1) (other than by being made available on the internet); and
 (b) subsection (2), (3) or (6) of this section applies.

Circumstances in which direction may be given
 (2) For the purposes of paragraph (1)(b), this subsection applies if the police officer reasonably suspects that the display in a public place 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).
 (3) For the purposes of paragraph (1)(b), this subsection applies if