Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p38
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 38/44)
Character Range: 265076–267763

which the prohibited symbol is displayed in a public place; or
 (b) either the person (the recipient) who is given the direction takes all reasonable steps to cause the prohibited symbol to cease to be displayed in a public place, or there are no such steps that the recipient can take.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

Subdivision D—Common provisions

80.3  Defence for acts done in good faith
 (1) Subdivisions B and C (other than sections 80.2A, 80.2B, 80.2BA, 80.2BB, 80.2BC, 80.2BD and 80.2BE), and sections 83.1 and 83.4, do not apply to a person who:
 (a) tries in good faith to show that any of the following persons are mistaken in any of his or her counsels, policies or actions:
 (i) the Sovereign;
 (ii) the Governor‑General;
 (iii) the Governor of a State;
 (iv) the Administrator of a Territory;
 (v) an adviser of any of the above;
 (vi) a person responsible for the government of another country; or
 (b) points out in good faith errors or defects in the following, with a view to reforming those errors or defects:
 (i) the Government of the Commonwealth, a State or a Territory;
 (ii) the Constitution;
 (iii) legislation of the Commonwealth, a State, a Territory or another country;
 (iv) the administration of justice of or in the Commonwealth, a State, a Territory or another country; or
 (c) urges in good faith another person to attempt to lawfully procure a change to any matter established by law, policy or practice in the Commonwealth, a State, a Territory or another country; or
 (d) points out in good faith any matters that are producing, or have a tendency to produce, feelings of ill‑will or hostility between different groups, in order to bring about the removal of those matters; or
 (e) does anything in good faith in connection with an industrial dispute or an industrial matter; or
 (f) publishes in good faith a report or commentary about a matter of public interest.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1). See subsection 13.3(3).
 (2) In considering a defence under subsection (1), the Court may have regard to any relevant matter, including whether the acts were done:
 (a) for a purpose intended to be prejudicial to the safety or defence of the Commonwealth; or
 (b) with the intention of assisting a party:
 (i) engaged in armed conflict involving the Commonwealth or the Australian Defence Force; and
 (ii) declared in a Proclamation made under section 80.1AB to be an enemy engaged in armed conflict involving the Commonwealth or the Australian Defence Force; or
 (f) with the intention of causing violence