Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p34
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 34/44)
Character Range: 255337–258128

symbol that the goods depict or contain appears in the commentary and only appears in the commentary; and
 (c) in relation to commentary in which a prohibited terrorist organisation symbol appears—making the commentary is in the public interest.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
 (7) Subsection (1) does not apply to a person's trading in goods if the trading is necessary for or of assistance in:
 (a) enforcing a law of the Commonwealth, a State or Territory, or a foreign country; or
 (b) monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or Territory, or a foreign country; or
 (c) the administration of justice (whether within or outside Australia).
Note: A defendant bears an evidential 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;