Document ID: chunk:federal_register_of_legislation:C2023A00113:clause:1_5:p10
Version: federal_register_of_legislation:C2023A00113
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 10/14)
Character Range: 27273–29998

an alien intends to sell them; or
 (iii) transporting the goods with the intention of selling them to an alien or believing that another person intends to sell them to an alien or believing that an alien intends to sell them; or
 (iv) guarding or concealing the goods with the intention of selling them to an alien or with the intention of assisting another person to sell them to an alien or with the intention of assisting an alien to sell them; or
 (v) possessing the goods with the intention of selling them to an alien.

Other matters
 (4) For the purposes of paragraph (1)(e), this subsection applies if a reasonable person would consider that:
 (a) the goods that are traded are intended to serve a religious, academic, educational, artistic, literary or scientific purpose; and
 (b) the person's trading in the goods is not contrary to the public interest.
 (5) For the purposes of paragraph (1)(e), this subsection applies if:
 (a) the goods that are traded contain one or more news reports or current affairs reports; and
 (b) each prohibited terrorist organisation symbol that the goods depict or contain appears in such a report and only appears in such a report; and
 (c) in relation to each such report in which a prohibited terrorist organisation symbol appears—a reasonable person would consider that:
 (i) the report was made by a person working in a professional journalistic capacity; and
 (ii) disseminating the report is in the public interest.

Defences
 (6) Subsection (1) does not apply to a person's trading in goods if:
 (a) the goods that are traded contain commentary on public affairs; and
 (b) each prohibited terrorist organisation 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