Document ID: chunk:federal_register_of_legislation:C2023A00113:clause:1_5:p12
Version: federal_register_of_legislation:C2023A00113
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 12/14)
Character Range: 32250–34969

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 the police officer reasonably suspects that the display in a public place 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.
 (4) For the purposes of paragraph (3)(a), it does not matter whether the conduct actually results in the hatred mentioned in that paragraph.
 (5) For the purposes of paragraph (3)(b), it does not matter whether the conduct actually incites another person as mentioned in that paragraph.
 (6) 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) is likely to offend, insult, humiliate or intimidate a person who is:
 (a) a reasonable person; and
 (b) a member of a group of persons distinguished by race, colour, sex, language, religion, political or other opinion or national or social origin;
because of the reasonable person's membership of that group.
Note: The object of this subsection is to give further effect to article 26 of the Covenant.
 (7) For the purposes of subsection (6), it does not matter whether a member of the group sees the prohibited symbol while it is displayed in a public place.

Time by which direction must be complied with
 (8) A direction given under subsection (1) must specify the time by which the prohibited symbol must cease to be displayed in a public place. The time must be reasonable.

Definitions
 (9) In this section:
police officer means:
 (a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or
 (b) a special member of the Australian Federal Police (within the meaning of that Act); or
 (c) a member (however described) of a police force of a State or Territory.

80.2L  Directions to cease display of prohibited symbols in public—person to whom, and form in which, direction may be given
 (1) A police officer may give a direction to cause a prohibited symbol to cease to be displayed in a public place under subsection 80.2K(1) only in accordance