Document ID: chunk:federal_register_of_legislation:C2016C01073:section:4:p2
Version: federal_register_of_legislation:C2016C01073
Segment Type: section
Provision Reference: s 4 (pt 2/4)
Character Range: 6394–9027

government of that country or of a part of that country;
other than:
 (c) conduct engaged in by a member of the staff (including the head) of a designated overseas mission in carrying out an authorised capacity of the designated overseas mission; or
 (d) conduct engaged in at the request or direction of a member of the staff (including the head) of a designated overseas mission, where the conduct would have been covered by paragraph (c) if it had been engaged in by that staff member.
 (2A) A person engages in conduct that is, in relation to a designated overseas mission of a foreign territory, conduct to which subsection (1) applies if:
 (a) the person displays, or causes or permits to be displayed, any sign, flag or insignia; and
 (b) the sign, flag or insignia is displayed within, on or outside any premises; and
 (c) the premises are not:
 (i) premises of the designated overseas mission; or
 (ii) the residence of a member of the staff (including the head) of the designated overseas mission; and
 (d) the sign, flag or insignia states, implies or is reasonably capable of being taken to imply that there is located at the premises an office of a mission, or the residence of a member of a mission, that represents, in a capacity that corresponds to an authorised capacity of the designated overseas mission:
 (i) that foreign territory or a part of that foreign territory; or
 (ii) the people of that foreign territory or of a part of that foreign territory; or
 (iii) a government of that foreign territory or of a part of that foreign territory; and
 (e) the conduct is neither:
 (i) engaged in, in a diplomatic or consular capacity, by a member of a diplomatic or consular mission established in Australia with the consent of the Commonwealth; nor
 (ii) engaged in at the request or direction of a member of such a diplomatic or consular mission, where the conduct would have been covered by subparagraph (i) if it had been engaged in by the member.
 (2B) A person also engages in conduct that is, in relation to a designated overseas mission of a foreign territory, conduct to which subsection (1) applies if:
 (a) the person makes or publishes, or causes or permits to be made or published, any representation; and
 (b) the representation states, implies or is reasonably capable of being taken to imply that:
 (i) there is located in Australia a mission (other than the designated overseas mission of that foreign territory); or
 (ii) a person in Australia occupies a position in a mission (other than the designated overseas mission of that foreign territory);
  that represents, in a capacity that corresponds